On 10/1/2013 3:42 PM, firstname.lastname@example.org 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.
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'.
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
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.
On 10/1/2013 3:42 PM, email@example.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
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
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
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
On 10/2/2013 10:17 AM, firstname.lastname@example.org 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.
On Tue, 1 Oct 2013 12:42:12 -0700 (PDT), email@example.com
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
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.
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
On Wed, 2 Oct 2013 07:28:00 -0700 (PDT), " firstname.lastname@example.org"
(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
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.
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
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
"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.
...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
As Vonnegut so profoundly repeated ..."So it goes"
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.
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
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.
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
He still spent a lot of money on lawyers that could have better been
spent on the kid.
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."
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