Neighbors fence on my property.

My back neighbor's fence is on my property anywhere from 1 inch up to 6 inc hes 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 has b een nothing but a pain in the behind. Last year he tried to claim 2 feet o f our yard because a next-door neighbor was putting up a fence. He hired a company to survey the property which clearly shows the fence is on my prop erty. Now he is blowing his yard waste through the fence and into my yard 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 to mo ve the fence in accordance with city ordnance of 6 inches inside the proper ty line.

We have been dealing with his unstable ways for 7 years now and I've had my limit. He was blowing leaves into our yard last night and I politely stat ed, "Mr. Howard I would appreciate it if you did not blow your yard waste i nto my yard." He became very belligerent and hostile, accused me of having an unkempt yard and kept calling me sweetheart. He said "There's nothing you can do to stop me sweetheart." Sorry but that just sounds like a chall enge to me and I've had enough of his condescending ways towards women.

Two questions: Can I legally make him move the fence in a set period of ti me? Can I legally remove the fence that is on my property?

Reply to
cbmhoppy
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Like in a divorce, a hit man is less expensive. ^_^

TDD

Reply to
The Daring Dufas

You can and probably should force him to MOVE IT!

However before you escalate to a neighborhood war:( Do YOU have any skeltons in your closet?

barking dogs, work on cars in your driveway? grass a bit high? house need painted?

the person will retailate to try and make you miserable, and the cancer can spread to other neighbors.....

just be aware of the slippery slope you are on..........

Reply to
bob haller

didn't we just go through this with someone else?

Reply to
chaniarts

Good fences make good neighbors. With this clown, I'd be putting up a stockade fence.

Reply to
Frank

This should be a fun thread.

What's the over/under on how many posts it will take before the insults start flying between subscribers to this fine group?

Reply to
DerbyDad03

On Tuesday, October 1, 2013 2:42:12 PM UTC-5, snipped-for-privacy@go-concepts.com wrote :

nches 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 has b een nothing but a pain in the behind. Last year he tried to claim 2 feet of our yard because a next-door neighbor was putting up a fence. He hired a c ompany to survey the property which clearly shows the fence is on my proper ty. Now he is blowing his yard waste through the fence and into my yard alo ng 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 to move t he fence in accordance with city ordnance of 6 inches inside the property l ine. We have been dealing with his unstable ways for 7 years now and I've h ad 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 hav ing an unkempt yard and kept calling me sweetheart. He said "There's nothin g you can do to stop me sweetheart." Sorry but that just sounds like a chal lenge to me and I've had enough of his condescending ways towards women. Tw o questions: Can I legally make him move the fence in a set period of time? Can I legally remove the fence that is on my property?

Reply to
hrhofmann

On Tuesday, October 1, 2013 2:42:12 PM UTC-5, snipped-for-privacy@go-concepts.com wrote :

nches 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 has b een nothing but a pain in the behind. Last year he tried to claim 2 feet of our yard because a next-door neighbor was putting up a fence. He hired a c ompany to survey the property which clearly shows the fence is on my proper ty. Now he is blowing his yard waste through the fence and into my yard alo ng 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 to move t he fence in accordance with city ordnance of 6 inches inside the property l ine. We have been dealing with his unstable ways for 7 years now and I've h ad 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 hav ing an unkempt yard and kept calling me sweetheart. He said "There's nothin g you can do to stop me sweetheart." Sorry but that just sounds like a chal lenge to me and I've had enough of his condescending ways towards women. Tw o questions: Can I legally make him move the fence in a set period of time? Can I legally remove the fence that is on my property?

If you are clean, get a copy of the survey showing the property line, and r emeasure everything to be sure of the 6" overage.

Once you are sure you are clesn, go to your local municipal building and zo ning department and follow their advice.

Reply to
hrhofmann

You really think a bunch of non attorneys can answer that?

You really think an attorney, reading this, will answer, based on your lack of details?

Not happening.

. Christopher A. Young Learn about Jesus

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Reply to
Stormin Mormon

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.

Reply to
Norminn

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'.

Reply to
hrhofmann

How do you know it's his fence rather then yours? Do you keep and unkempt yard?

Reply to
Ashton Crusher

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.

Reply to
trader4

What a stupid thing to say!

Reply to
micky

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.
Reply to
Art Todesco

Well, gee, as if YOU had any thing to add! The OP needs to consult attorney familiar with her area. IANAL; DAMHIKT! YMMV.

. Christopher A. Young Learn about Jesus

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Reply to
Stormin Mormon

It was a joke, about Dad's statement. That's why there was a grin at the end.

Reply to
micky

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.

Reply to
micky

Damn center posters!

. Christopher A. Young Learn about Jesus

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Reply to
Stormin Mormon

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.

Reply to
trader4

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