fence issue with neighbor

Hi I just would love to hear your opinion about this. There is a fence between our house and neighbor. None of us build the fence. We bought the houses a nd the fence was/is there. The neighbor are now doing waterproof the baseme nt. So they are digging the area close to fence. They asked me if I will al low them to move the dirt to my place (just easier than moving to the front of their house). I said no (I do not want to get all the mess, they are hi ring unprofessional workers and this has been going for 4 weeks. These work ers do not have even the right tools to do the job). Anyway, yesterday we w ere away when we came back we saw the fence boards are removed except the f rame and the dirt moved to our backyard! (see pictures below please).

I expressed my disapproval strongly to the workers because the owner/neighb or was not there. The workers said you are neighbor and you should help etc and they promise to removed it today and said they put blue tar underneath so my backyard will be clean after. I was angry with them because they did not take my permission but then I said OK fine because I want to keep good term between us. Today they said they can not remove the dirt and need ano ther day. They asked kindly so I said that is ok but I want it to be remove d tomorrow.

I have the back of the fence (if you can see from the picture). It seems th e person who lived before my current neighbor built the fence but not sure. Who really own the fence now? can each of us do anything with the fence wi thout telling the other if they can do this or that?

Thanks a lot.

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(my house is to the Left)
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(my house is to the Right)
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(my house is to the Right)

Reply to
leza wang
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Leza,

The fence might be on your land, it might be on your neighbor's land, or it might be on the property line. Don't you know where the property line is? Didn't you hire a surveyor? Don't you have boundry markers? Your pictures are no help in this situation.

Dave M.

Reply to
David L. Martel

From the looks of your photos it doesn't appear that strip on your side of the fence was very well landscaped before the work began, so it'll probably be no worse when the dug up soil is removed.

Do whatever you can to stay on good terms with your neighbor if that's at all possible.

It's no fun to have to go on living that close to someone your at odds with.

Wishing you good luck,

Jeff

Reply to
jeff_wisnia

Hi Leza,

Welcome back.

Frankly, I don't think you have any real problem here. It looks like they are just digging down next to their house to probably parge and/or replace their basement wall on that side, and maybe do some other things there to try to waterproof their basement. They probably had to do the digging by hand (meaning shovels) because there is so little room there. And, they are right that it would have been much more difficult to try to move the dirt out front as they dig. And, it looks like when they are done, they are going to have to put the dirt back in the hole anyway. So, why make them dig the dirt, move it out front, then move it back again to put it back in the whole. And, as someone else wrote, it doesn't appear that you had any real landscaping going on there anyway.

If it were me in your situation, I would have just let them do what they are doing and put the dirt on my property, and then move the dirt back off of my property afterward when they re-fill the hole. And, I'm sure their plan is to put the fence back together.

They probably covered the dirt with the blue tarp so if it rains the dirt doesn't wash all over the place and maybe even back into the hole that they are digging.

My vote is to just let them do what they and leave them alone about it.

Good luck.

Reply to
TomR

After the workers remove the dirt, bake you neighbors a cake and thank them for having that fence torn down. It was an eyesore and served no purpose. It's totally stupid and was probably put up by one of the previous owners when he was feuding with his neighbor. Scrap wood and time on his hands. When houses are close to one another like that, all such a fence does is make maintenance difficult on that side of the houses. Hard enough getting the right footing for a ladder in such a narrow space without a useless fence in the way. You should offer to go half and half on fences from house to house at the ends, with a gate in back. Keeps it from being a pathway for kids. While you're it, make it level and top it with gravel. Even weeds won't grow there. You should really restrain your inclination to be a bitch about this, and work with your neighbor.

Reply to
Vic Smith

Be very careful. You might find yourself in the hole before the dirt goes back in.

Christopher A. Young Learn about Jesus

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leza wang wrote:

Reply to
Stormin Mormon

ween our house and neighbor. None of us build the fence. We bought the hous es and the fence was/is there. The neighbor are now doing waterproof the ba sement. So they are digging the area close to fence. They asked me if I wil l allow them to move the dirt to my place (just easier than moving to the f ront of their house). I said no (I do not want to get all the mess, they ar e hiring unprofessional workers and this has been going for 4 weeks. These workers do not have even the right tools to do the job). Anyway, yesterday we were away when we came back we saw the fence boards are removed except t he frame and the dirt moved to our backyard! (see pictures below please).

ighbor was not there. The workers said you are neighbor and you should help etc and they promise to removed it today and said they put blue tar undern eath so my backyard will be clean after. I was angry with them because they did not take my permission but then I said OK fine because I want to keep good term between us. Today they said they can not remove the dirt and need another day. They asked kindly so I said that is ok but I want it to be re moved tomorrow.

s the person who lived before my current neighbor built the fence but not s ure. Who really own the fence now? can each of us do anything with the fenc e without telling the other if they can do this or that?

How can you stay on good terms with a neighbor when the neighbor asked if they could pile dirt on your property as part of their renovation project, you clearly told them no, and they did it anyway? THAT created bad terms. And I'm not of the opinion that you should just roll over and let neighbors like this get away with it. If I didn't put them in their place, ever time I saw them I'd be thinking how they stuck it to me and I let them get away with it. Me, I'd call the cops and have them inform the neighbors of the trespass laws.

Reply to
trader4

On Friday, August 9, 2013 2:42:55 PM UTC-5, leza wang wrote:

tween our house and neighbor. None of us build the fence. We bought the hou ses and the fence was/is there. The neighbor are now doing waterproof the b asement. So they are digging the area close to fence. They asked me if I wi ll allow them to move the dirt to my place (just easier than moving to the front of their house). I said no (I do not want to get all the mess, they a re hiring unprofessional workers and this has been going for 4 weeks. These workers do not have even the right tools to do the job). Anyway, yesterday we were away when we came back we saw the fence boards are removed except the frame and the dirt moved to our backyard! (see pictures below please). I expressed my disapproval strongly to the workers because the owner/neighb or was not there. The workers said you are neighbor and you should help etc and they promise to removed it today and said they put blue tar underneath so my backyard will be clean after. I was angry with them because they did not take my permission but then I said OK fine because I want to keep good term between us. Today they said they can not remove the dirt and need ano ther day. They asked kindly so I said that is ok but I want it to be remove d tomorrow. I have the back of the fence (if you can see from the picture). It seems the person who lived before my current neighbor built the fence b ut not sure. Who really own the fence now? can each of us do anything with the fence without telling the other if they can do this or that? Thanks a l ot.

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(my house is to the Left) http://tinypic .com/r/25g9bol/5 (my house is to the Right)
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(my house is to the Right)

I agree with earlier poster that you should stay on good terms with your ne ighbors. Also you should be very happy that they are trying to improve the ir property/house instead of letting it get into worse condition. With the new foundation, the house will be worth more money and that is good for th e whole neighborhood.

The blue cover is tarpaulin, or tarp, for short.

You should have gotten a survey of the property when you bought it, and the re should be some markers in the ground at the corner of the property. The survey should also show where the house is with respect to the property bo undaries and you can then measure backwards from the house to find the prop erty line. Your neighbor should be able to do the same thing and hopefully the two documents will agree on where the boundary is. The in-ground mark ers are usually iron and may be buried a few inches below the surface. Yo u can ususaly find them with a metal detector since you don't have a large area to scan. THe survey should be within a foot of correctness so and are a 2' by 2'is about the largest area you should have to cover with the metal detector. Hopefully you can borrow one fro a neighbor, or worst-case rent one for a couple of hours at a local rental center.

Reply to
hrhofmann

I'd get the name of every person doing th work. Then I'd have them sign an agreement with you that if they did not put everything back exactly as it was they will pay to have it done. I'd make all of them sign it by telling them if they don't you will file trespass and vandalism charges against them. Explain to them that the charges might not stick but it will cost them more in legal fees than it will to clean up the mess. Then you have a leg to stand on and you haven't alienated your neighbor. Out in the country where we live, good fences make good neighbors. It shouldn't be any different in the city.

** Lonesome Dove
Reply to
Lonesome Dove

If she follows that advice, it's likely to cost her a lot in legal fees. You can't enter into an agreement with a contractor that gives them permission to access your property and then file false trespass charges because they failed to perform to that agreement. You gave them permission, they were not trespassing and if they sue you for false arrest, legal fees, lost work, damage to their reputation, etc, they would win.

Then you have a leg to stand on and you haven't

The problem of course is that the neighbor has already taken a dump in her lap.

Reply to
trader4

If the fence is the OPs, the first thing I would suggest is for her to tear down the raggedy-ass fence, let them do what they have to, and then the OP can put up a cleaner, better looking fence. As long as the crew returns her property to the same looking shit hole that it is now, what's the problem?

Reply to
willshak

A voice of reason among the cries of the lynch mob, good response and Leza should listen.

Reply to
PV

Some cut.

Tom R's advice seems the most sensible assuming the neighbors are easy to get along with. You'll have a chance to put up some sort of replacement boundary marker after the work is done. Even something knee high and easily removable would serve the purpose.

Reply to
Dean Hoffman

Hmmm, I concur for the sake of good will between neighbors. If you start a war between neighbors no one wins.

Reply to
Tony Hwang

+1 on that. That fence is a disgrace.. Take it down completely - and if both you and the neighbour want a fence, split the cost. If you want a fence and the neighbour does not, you pay for the new fence..
Reply to
clare

be

If the survey is recent within 10 years, it should be accurate to within less than 2 inches.

Reply to
clare

boundary is called the yard-line Who yard-line side is the fence on?

For I put up a fence I ask the neighbor to go 50/50 with me he said no So I put it on my side of the yard-line and pay for it all

2 year after the neighbor tree fall on it he pay 100% to fix it

Now is it on the Line or no?

if it on the the yard-line and you like to have a new fence it 50/50

if it on his side of the yard-line and pay just for the repairs

if it on your side of the yard-line and pay for the repairs

But he have to put are your yard back to the same or better then before

Reply to
Hot-Text

You need to get a gun and go shoot them.

Reply to
Ashton Crusher

OMG, you are going to let the neighbor WALK ALL OVER YOU. CALL THE COPS, Get an injunction. Run up a bunch of legal bills. Get a survey, stop all work till it's surveyed. Call in the Marines. Make life as difficult for the neighbor as possible, it's the only way to prove what a man you are.

Reply to
Ashton Crusher

I had this same problem a few years ago. This is how I handled it....

First, I set up a boom box near the fence and played the same loud and obnoxious song all day, like Cherokee Pow Wow Drums:

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Then I took a walk around the neighborhood and scooped up all big bag of dog poop.

When they went on break, I smeared the dog poop on their tools.

Then, while they were washing their tools, I went around to their truck and smeared dog poop on the door handles (inside and outside), steering wheel, sun visors (both sides) and cup holders.

Then, I changed the boombox tune to one of Slim Whitman yodeling:

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Later I ordered Pizza Hut delivered, intercepted the pizza guy, added some sliced dog poop and asked him to deliver it. I instructed him to say it's the new meat-eater bonus pizza.

Then finally I bought some corn dogs for them from Weinerschnizel, but first carefully cut open the crust and replaced the weiners with dog poop, and closed them back.

Good luck!

Reply to
Guv Bob

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