Neighbors fence on my property.

Page 2 of 4  
On 10/1/2013 3:42 PM, snipped-for-privacy@go-concepts.com wrote:

If the neighbor is already a pain, moving the fence should start a war! Cheaper to move :o)
Just out of curiosity, what sort of fence is it? How old? How wide? You live there when he put up the fence?
How long have you been neighbors? How is he with other neighbors? Is he old, possibly dementia? Interesting story.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
You might want to surrepeticiously (sp?) video record his actions when yo c onfront him the next time about the fence. Maybe have someone staznding nea rby pretending to talk on their cellphone while actually doing the video re cording. His calling you sweetheart might make for an interesting story on your local tv news program. Wouldn't hurt to ask the local tv station hum an interest reporter if they would like to do an expose'.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Tue, 1 Oct 2013 12:42:12 -0700 (PDT), snipped-for-privacy@go-concepts.com wrote:

How do you know it's his fence rather then yours? Do you keep and unkempt yard?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Wednesday, October 2, 2013 2:35:02 AM UTC-4, Ashton Crusher wrote:

inches in places. We have known about this since we moved in but felt that 6 inches wasn't anything to really worry about. However, this neighbor ha s been nothing but a pain in the behind. Last year he tried to claim 2 fee t of our yard because a next-door neighbor was putting up a fence. He hire d a company to survey the property which clearly shows the fence is on my p roperty. Now he is blowing his yard waste through the fence and into my ya rd along with any sticks/branches that fall from his trees over the fence i nto my yard. We had planned on ignoring the 6 inches but now I want him to move the fence in accordance with city ordnance of 6 inches inside the pro perty line.

my limit. He was blowing leaves into our yard last night and I politely s tated, "Mr. Howard I would appreciate it if you did not blow your yard wast e into my yard." He became very belligerent and hostile, accused me of hav ing an unkempt yard and kept calling me sweetheart. He said "There's nothi ng you can do to stop me sweetheart." Sorry but that just sounds like a ch allenge to me and I've had enough of his condescending ways towards women.

time? Can I legally remove the fence that is on my property?

That's a good question.
Do you keep and

I'd start by googling adverse possession together with the state. Find out what the time limit is and see if it can be determined how long the fence has been there. It's apparently been at least 7 years. It's possible the neighbor already has a claim s claim via adverse possession that the 6" of property is now his. But some states also have laws that except claims for small errors due to a fence, etc.
Then she's probably going to need a lawyer's advice about how to proceed. If it doesn't meet AP law, time limit, etc, then she can take the fence down and put up her own fence. But as per the recent other thread, there are some states that have laws where you need to notify the neighbor that has put up a fence that is off by a foot or two and give them a certain amount of time to take down/move the fence themselves. If they don't then you can do it yourself.
As for throwing debris, blowing stuff into her yard, I'd start videoing the neighbor when he's doing it. That might be enough to stop it. If it doesn't, then call the police, show them the video. They will likely go over and talk to the guy and if he persists, she can press charges.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 10/1/2013 3:42 PM, snipped-for-privacy@go-concepts.com wrote:

Probably on both things, however, if you want to keep peace, just suck it in and forget it. In my previous house on a small 1/5 acre lot in a suburban environment, the neighbor built a deck on the side of his house. The posts were really close to the lot line on his side of the line. But, the overhang was definitely over the line. I never said anything and sold the house with no problems. On my present property, 3.5 acres in a rural mountain environment, we built a little walk bridge over a small creek on the edge of the property. The lot line is down the middle of the creek, so, the far end of the bridge is definitely on the neighbor's property. He didn't seem to care as he has 100 acres and his house it about 1 mile away up the mountain. But, if he should say anything, I have one on him. He has a gate across the road leading to this house. One of his gate posts is actually on my property. I don't really care.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Wednesday, October 2, 2013 8:47:11 AM UTC-4, Art Todesco wrote:

inches in places. We have known about this since we moved in but felt tha t 6 inches wasn't anything to really worry about. However, this neighbor h as been nothing but a pain in the behind. Last year he tried to claim 2 fe et of our yard because a next-door neighbor was putting up a fence. He hir ed a company to survey the property which clearly shows the fence is on my property. Now he is blowing his yard waste through the fence and into my y ard along with any sticks/branches that fall from his trees over the fence into my yard. We had planned on ignoring the 6 inches but now I want him t o move the fence in accordance with city ordnance of 6 inches inside the pr operty line.

d my limit. He was blowing leaves into our yard last night and I politely stated, "Mr. Howard I would appreciate it if you did not blow your yard was te into my yard." He became very belligerent and hostile, accused me of ha ving an unkempt yard and kept calling me sweetheart. He said "There's noth ing you can do to stop me sweetheart." Sorry but that just sounds like a c hallenge to me and I've had enough of his condescending ways towards women.

f time? Can I legally remove the fence that is on my property?


This situation is different. It's not an overhang, it's fence that is apparently 6" over on his property. If he's OK with losing that 6" via adverse possession, then he can live with it. In your case, there was no risk of property loss.
I never said




And of course you didn't bother to do the right thing and ask if it was OK.
But, if he should say


If it's just a post, I wouldn't care either. But a fence that's 6" over on my property with a neighbor that is giving my problems, that's another story.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 10/2/2013 10:17 AM, snipped-for-privacy@optonline.net wrote:

Well, at the time the bridge was put in place, he didn't own it. And, it involved the old dirt logging road running parallel to the creek. In NC, once a road, always a road. Now, this road is fully on his 100 or so acres of land, so I guess now, it's his road and his alone.

It's a post with stacked rocks all the way up about 8' high. It is huge, probably about 3' across at the base. But, I really don't care unless he complains about the bridge, which, BTW, just sits on the edge of the creek.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Tue, 1 Oct 2013 12:42:12 -0700 (PDT), snipped-for-privacy@go-concepts.com wrote:

It might depend on how much of it is an inch, and how much is 6. If 99% is an inch and 2 inches are 6 inches off, I don't think any court will let you tear down his fence and if you do it without permission from him or a court, you may have to pay to put it back. I suppose you'll be able to ensure at that point that it's put back in the right place, but it will be on your dime.
Where the boundary is, I don't know. How bad 6 inches is considered, I don't know.
You don't even say where you live. States have different laws. Even towns and cities have laws.
Better talk to a local lawyer or maybe you can find someone at the courthouse who actually knows something about this kind of case.

I doubt if his obnoxiousness strengthens your position on the fence. The law probably regards them as unrelated. Though I understand how you feel
And that's why many of your answers concentrated on getting him to stop blowing leaves on your land.
I gather the fence is a picket fence or chain link, if trash can be blown through it. I would point out to him that the fence is on your land. Send him a lettter, return receipt requested. And of course ask him to stop blowing trash through the fence.
After he's had some time to digest that, you might be able to run something along the bottom 12, 18, or 24 inches of the fence that will keep out the trash, some sort of plastic paper that won't fall apart in the rain.
Even if it is chain link, they sell plastic (or metal?) inserts, I've seen alternating green and white, that are usually used vertically to make it harder to see into a yard with a chain link fence. But you could put the same things in horizontally at the bottom of the fence. You coudl watch him to see how high you have to go, or just do 12 inches and then see if any of it is getting over the fence.
He might get angry and rip off your additions, but otoh, he might even stop blowing your way when he he sees. them.
The way you handle things can be everything.
In chicago, I lived on the first floor of a 3-story 6 apartment building, and our evening newspaper was often missing. The paper boy delivered another but insisted it was the 2nd. So I parked right at the foot of the sidewalk leading to our front door. Didn't iknow what I was going to do. Through the glass doors and the windows beside it, I saw a young man come down the steps and bend down. I figured he was picking up the paper. I popped out of the car and walked up the sidewalk, still not knowing what I would say. As we met about halfway between the building and the street, I stuck out my hand, took the paper from his hand, and said "Thanks." The paper was never stolen again.
On another occasion, I went to a movie at the college near where I lived in Brooklyn. I was a little older than most of the kids, and the woman I ended up sitting next to (because most of the seats were taken) was eating potato chips from a cellphane? bag that rustled a lot with every chip she took. Very annoying, but other empty seats had very bad views. When they changed reels, I didn't tell her to stop. Iinstead, I asked if she planned to eat chips during the rest of the movie, because if she did, I would find another seat. She mumbled something unintelligible iirc, but during the rest of the movie she didn't make any more noise.
How to apply this technique to your situation I don't know. But bear in mind that if you back someone into a corner, if you demand things from them, a lot of people get worse and they'll forget everything they thought maybe they shouldn't have done and remember only the last "bad" thing you did, and no matter how justified it was, they'll not remember what they did first. Watch the political parties in DC and you'll see the same sort of thing.

You do know this is called home repair, not can I legally do something. There is a legal newsgroup or two.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Wednesday, October 2, 2013 9:52:59 AM UTC-4, micky wrote:

inches in places.

anything to really worry about. However, this neighbor has been nothing b ut a pain in the behind. Last year he tried to claim 2 feet of our yard be cause a next-door neighbor was putting up a fence. He hired a company to s urvey the property which clearly shows the fence is on my property. Now he is blowing his yard waste through the fence and into my yard along with an y sticks/branches that fall from his trees over the fence into my yard. We had planned on ignoring the 6 inches but now I want him to move the fence in accordance with city ordnance of 6 inches inside the property line.

Since the neighbor obviously doesn't give a damn and since the neighbor apparently put up the fence, it's almost a certainty that the neighbor isn't going to respond like you seem to think he will. He asked the neighbor not to blow crap into his yard.
""Mr. Howard I would appreciate it if you did not blow your yard waste into my yard." He became very belligerent and hostile"

Not when you have an AH for a neighbor who blows crap in your yard, throws branches over the fence, even after you've told him to stop. You can go bake him a cake and kiss his ass, but it's not going to matter. He's going to see you as another pussy that he can walk all over.

That wouldn't be my way of handling it. A guy is stealing your newspaper and you "thank" him? Good grief! I suppose if he mugged you, you'd wish him a happy day.

That's because you can't apply it and apparently even you realize it.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Wed, 2 Oct 2013 07:28:00 -0700 (PDT), " snipped-for-privacy@optonline.net"

(I don't know how long ago this was.)
Since she's already asked him, it might not be needed to ask again.
But if she hadn't asked him, no matter how nasty he'd been to her on other things, no matter how convinced she was that he was everything you think he is, it would still be necessary to ask him this particular thing once, for the record
As to the time you quote above, maybe his ulcer was acting up, or he got no sleep t he night before because his hip hurt. Maybe he's tormented not knowing whether to get a hip replacement or not, and not knowing how he'll pay for it if he does get it....... Maybe these things and others don't bother him as much every day as they did that day. Or maybe he's nasty most of the time, but the OP may still catch him when he's in a good mood.

EVen then. Perhaps especially then. We've had this sort of interchange before, where you think bad people are hopelessly bad and I don.t.

And that's why YOU woudl have your paper stolen every time he was there for as long as you lived there. I on the other hand never had our paper stolen agani. Yet you read this story and still insist you'd do it your way. You remind me of the angry man who blows trash into his neighbor's yard.

Things that aren't true seem to be apparent to you. If you don't get over that, that alone will cause you problems.
I don't know how to apply it because I'm not there, I don't see the possible interchanges they have, or the hundreds they've had in the last several years. I have very littel info about the n'bor and none about who else might live there. Same with the OP. Plus I wasn't willing to think about it any more. I'd already spent more than 5 minutes writing my answer. That's enough, unless the OP were to ask a question about it.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Wednesday, October 2, 2013 2:18:53 PM UTC-4, micky wrote:

nto my yard." He became very belligerent and hostile"

Try reading the post. From the very first one:
"He was blowing leaves into our yard last night and I politely stated, "Mr. Howard I would appreciate it if you did not blow your yard waste into my y ard." He became very belligerent and hostile, accused me of having an unke mpt yard and kept calling me sweetheart. "

Why, just because you say so? If a neighbor who has been a belligerent, ho stile and unresponsive in the past is blowing crap ant throwing debris on to your yard, there is no reason, anyone shouldn't just call the police.

Do try to respond to the actual facts stated, instead of making them up as you go:
"We have been dealing with his unstable ways for 7 years now and I've had m y limit. "
Or maybe he's nasty most of the time, but the OP may still

Yeah, how did that work out for you with Lisa and the dirt pile. I told you that a neighbor who would pile dirt onto your property after being specifically told not to, is a skunk. The contractor told her they would remove it pronto. Last we heard from Lisa was two weeks later and the dirt was still there.

See, there you go again. Just because I'm going to stand up for my rights and not kiss someone's ass, when they are committing theft of my property, you magically transform that into me the type that blows trash into a neighbor's yard? Unbelievable. And on top of that, it's clear you haven't even paid attention to the original post.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Wed, 2 Oct 2013 12:09:56 -0700 (PDT), " snipped-for-privacy@optonline.net"

I don't keep track of little details. I'm sure the OP in each thread does.

Why, just because you say so?

I don't know what Lisa (Liza?) did in the time befween the first thread and the later one about a pile of dirt.

The things that you have in common are that you're angry and your stubborn.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Thursday, October 3, 2013 8:12:54 PM UTC-4, micky wrote:

Mr. Howard I would appreciate it if you did not blow your yard waste into m y yard." He became very belligerent and hostile, accused me of having an u nkempt yard and kept calling me sweetheart. "

Little details? It's the central part of the whole question. So you just bloviate without regard to the facts, without to what the OP spelled out.


hostile and unresponsive in the past is blowing crap

I didn't say the OP or anyone else had to do anything. You claimed that it was "necessary" for the OP to do something:
"But if she hadn't asked him, no matter how nasty he'd been to her on other things, no matter how convinced she was that he was everything you think he is, it would still be necessary to ask him this particular thi ng once, for the record "
Which of course makes no sense. There is no such necessity for the "record". She could just as well call the cops. And to top it off, the OP clearly stated that she had already just did speak to him about it. In other words, she told you that she did what you're now telling her to do. Good grief.

You're confused again. I'm only talking about the one thread with the pile of dirt. The neighbor asked if he could pile dirt onto her property. She said no. Next day, dirt was piled on to her property and even against the siding of her house itself. I told you the neighbor was a skunk. You said to just be nice, don't ruffle feathers, maybe the neighbor doesn't even know it's there. Lisa talked to the contractor and he said it would be removed in a day or two. A few weeks later, Lisa told us it was still there. Proving my point. When someone spits in your face, they're a skunk. And kissing their ass, sending them a cake, isn't likely to change that.
>

I'm angry because I won't kiss a thief's ass? Because I wouldn't put up with a neighbor piling dirt on my property? And yeah, I am kind of stubborn when someone is disrespecting the law and my property rights. I'm not gonna let them spit in my face, tell them it's raining and wish them a good day.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

...major snippage occurred...
And with that, dear readers, forget about any further discussion about the OP's property line.
Once again, a.h.r has taken that left...err...I mean...right turn into politics.
As Vonnegut so profoundly repeated ..."So it goes"
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 10/2/2013 2:18 PM, micky wrote:

I'd say it was well handled. No confrontation, no arguments, point made. Well made.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Wednesday, October 2, 2013 8:29:56 PM UTC-4, Ed Pawlowski wrote:

Yes, nice approach, if you like letting people spit in your face and then telling them that it must be raining. I suppose a rape victim should just say, thank you, but I really didn't enjoy it. Hell, let's not offend anyone, not a thief, not anyone. Sad to see how politically correct and emasculated this country has become.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

It time to put up a 8 foot Privacy Fence @ the city ordnance of 6 inches inside the property line.
Now he will not blow his yard waste through the fence no more into your yard and for sticks/branches from his trees Cut the one over the fence into your yard
And say to Him with a Big Smile Thank you sweetheart How you like your Trees
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 10/2/2013 4:20 PM, Hot-Text wrote:

Funny how a post will start a flame war, but the OP never shows up again to answer questions....
Whatever the neighbor blows through the fence can't amount to enough to worry about, unless it is a wide open fence...very peculiar sounding problem. Branches and twigs will fall where they may....if they fall naturally from overhanging branches, they are your (OP) branches.
With a neighbor relationship already badly strained, it would be foolhardy to try to move a fence that the OP didn't care about until they got pissed....IMO, it would be asking for permanent war and not worth the cost.
When my folks moved to Florida after retiring, my mom spent lots of time and effort landscaping the yard in the brand-new home. The neighbor across the street had been "famous" in the 'hood for his landscaping, but got royally pissed at my mom when her yard looked better than his. He had been friendly, but then never spoke to my folks again. Funny world.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

You'r e right!!

This is probably not as trivial as the landscaping, but a the wife X of a friend of mine told his mother, "If we ever get a divorce, I'll get remarried faster than your son will."
Later they did divorce and she had custody of the child but let my friend see him whenever he wanted to, often several times a week, without more than a phone call a couple minutes in advance.
Then when my friend got remarried, that ended, no impromptu meetings, no meetings not in the court schedule, and she would make up stories that the child was sick when he went for scheduled visits. He went at least two months without seeing him.
Had to take the ex to court. The case immediately before theirs was also a case of the ex-wife interfering with visitation and the judge put her in jail. That shook up X and she was cooperative, for quite a while.
He still spent a lot of money on lawyers that could have better been spent on the kid.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Had a conversation with a family friend who had recently been divorced and had a six-year-old child....he mentioned that he was trying hard to get along with the ex for the child's sake....coulda' tried that before the divorce :o)
As for attorneys, my not-extensive experience has found that they are totally, absolutely worthless 75% of the time. One probably would have been in peril of losing his license if I had filed a complaint.
MD's run about the same score, the difference being that they can/do save lives when the going gets rough. OTOH, they sure can mess stuff up. Friend recently dx with prostate cancer .... biopsy positive. Check. Bone scan positive. Check. NO information as to how treatment, already begun, would change based on the ca spread. Not one mention; just phone call from nurse. MD's, any more, remind me of vacuum cleaner salemen...."got a nifty colonoscopy for you, $500 down and easy monthly payments". "But doc, I got no risk of colon cancer but I can't climb steps any more."
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Related Threads

    HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.