Neighbors fence on my property.

[trader4]

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.

There may be no need to ask a court to make him do anything. For example cites were cited here for states where if a neighbor puts up a fence on your property, you just need to give him some notice and if the fence isn't removed, you can tear it down. And I'd say that is one of the more lib states. In others, if it's on your property and you tear it down, well that's your right.

[krw]

You'd better make DAMN sure it's really on your property. It's not unusual for surveys to be off several feet and each survey to show the area in question belonging to the respective property owners. When it gets down to inches, it gets dicey. A judge can settle the issue. *I* certainly wouldn't do it any other way. Then again, I wouldn't piss on a neighbor's Wheaties for a fence being 1-6 inches over the line.

[DerbyDad03]

...snip...

...snip...

That may indeed be the case, but what does that accomplish? It accomplishes no fence. The OP wants the neighbor to move the fence off of his property. I doubt he wants the fence torn down.

If he exercises his legal right to remove the fence himself but he still wants a fence, he is then left to pay for his own fence. 'Twere it me, I'd fight tooth and nail to get the fence moved legally.

Of course, if the OP wins and the neighbor choses to tear the fence down and not rebuild, either out of spite or because he just doesn't care whether he has a fence or not, then the OP would have to put up his own fence, but at least he'd get his property back. Is that worth it? Only the OP can say for sure.

However, what if the existing fence is grandfathered in and under today's code a new fence cannot be built? The OP wins his legal battle, the neighbor removes the fence but decides not to rebuild it, even if he is grandfathered.

Now the OP has his 6" back, but he has no fence, which might suck big time. I would certainly like to know the zoning situation before I tore down a fence that I might not be able to put back up.

[Ashton Crusher]

that's a very dangerous approach. Until you look up and get familiar with the case law, taking precipitous action based on a personal interpretation of what's written in the statues is a good way to wind up losing your shirt. And you'd be well advised to consult an attorney also, who most likely would advise you that your first step should be to send a certified letter to the neighbor outlining your position and plans.

[micky]

I forgot to make my point, which was that just as your mother's neighbor got ticked off because your mother was a better landscaper, this woman got ticked off because my friend got remarried first (and she's still not afaik. )

In this case, the guy did try. The woman is literally crazy, sees things that aren't there, and she mistreated his mother terribly, probably because she had some grudge against her own mother (and father), who she hadn't talked to for 8 years, since she married my friend. She told her 2-year old child that her grandparents were dead, and never told the kid about the aunt. Her parents, or one of them, may have mistreated her, but my friend, her husband's mother didn't.

[micky]

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.

[micky]

And without a fence, he'll be able to do a better job of blowing things onto the OP's lawn. Progress, that's what it's about.

[trader4]

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.

[DerbyDad03]

...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"

[trader4]

6 inches in places. We have known about this since we moved in but felt t hat 6 inches wasn't anything to really worry about. However, this neighbor has been 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 h ired a company to survey the property which clearly shows the fence is on m y property. 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 fenc e 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.

had my limit. He was blowing leaves into our yard last night and I politel y stated, "Mr. Howard I would appreciate it if you did not blow your yard w aste into my yard." He became very belligerent and hostile, accused me of having an unkempt yard and kept calling me sweetheart. He said "There's no thing you can do to stop me sweetheart." Sorry but that just sounds like a challenge to me and I've had enough of his condescending ways towards wome n.

The situation is a little different when the neighbor has been a hostile jerk for the past 7 years. If you do nothing, how about if he makes an adverse possession claim? The neighbor already had his own survey done a year ago that showed the fence is on the wrong property. I'd hire another surveyor to survey my lot and if his line agrees, that's pretty compelling to me.

As for getting a judge's order to take it down, I'd evaluate what that is going to cost versus what the neighbor is going to get if I tear it down and he sues me and it's later determined that I was wrong. If it's proven I was wrong, but I have also put up a nice new fence of my own to replace his, I would think the neighbor would probably get close to zippo. There is a brand new fence there that serves the same purpose, so what exactly are his real damages? And if I tore it down and put up nothing, then he'd get the depreciated value of an old fence, which probably isn't much, depending on what kind of fence, how old, how long, etc. So, you have the sure thing of paying a whole lot in legal fees to go to court vs just the possibility that you might have to pay some amount for the cost of the fence you tore down.

I would agree that I'd consult a local lawyer first, but I doubt going to court over this before tearing it down is necessary or cost effective.

[trader4]

6 inches in places. We have known about this since we moved in but felt t hat 6 inches wasn't anything to really worry about. However, this neighbor has been 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 h ired a company to survey the property which clearly shows the fence is on m y property. 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 fenc e 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.

had my limit. He was blowing leaves into our yard last night and I politel y stated, "Mr. Howard I would appreciate it if you did not blow your yard w aste into my yard." He became very belligerent and hostile, accused me of having an unkempt yard and kept calling me sweetheart. He said "There's no thing you can do to stop me sweetheart." Sorry but that just sounds like a challenge to me and I've had enough of his condescending ways towards wome n.

What's a dangerous approach? I didn't tell anyone to take any precipitous action. I only said that I've seen statutes in some states that spell out the process to be followed if a fence is placed on your property by someone else and that process doesn't include going to court first to get an order.

And please explain to us, exactly how you "lose your shirt" by tearing down a neighbor's fence, even if it's later proven it was not on your property? In this case, the neighbor already had a survey done that shows it's on the wrong property. Let's say the OP gets another survey, that shows the same thing. He tears it down. What's the neighbor going to do? Spend thousands suing him over a case the neighbor *might* win? Yeah, he might do that. And if he by some miracle he wins, what exactly are his damages? The depreciated cost of an old fence. If it's a typical

15 year old 50 ft backyard fence, that is hardly going to be "losing your shirt". If it's a brand new 1000 ft designer fence, well then it could be a lot.

And you'd be well advised to consult an

Consulting a local attorney to discuss the options is a good idea.

[dadiOH]

That's at least twice you have mentioned damages. And its a good point.

Anybody can sue anybody over almost anything but it is pointless if they can't show damages. And having one's feelings hurt isn't damage. (Oh, I suppose it could be if someone was borderline psycho and got bumped over the line but it would be pretty hard to prove the bump).

[ralph]

I was in a similar situation.

Laws vary so the best advice I can give is to consult an attorney.

FWIW, here's how it worked in my case.

After a survey, my attorney sent a letter to my neighbor. The letter basically stated he had 6 months to move the fence.

After the 6 months expired and no action on the neighbors part, the lawyer gave the neighbor a second six month period and notified him that at the end of the second six months the fence would be moved at the neighbors expense.

Still no action from the neighbor so I was able to hire a contractor to move the fence.

Currently I'm out the $2500 cost of the attorney and $1000 to have the fence moved but I have a lien against the neighbors house so when he sells I'll get my money, plus interest.

[DerbyDad03]

How do you know the lien will be honored? I'm not doubting you since I don't know how these things work, so I'm simply asking.

You've only mentioned letters from a lawyer. What other actions were taken that makes the lien valid/enforceable or whatever legal term applies in this situation?

[krw]

It's going to be tough to make that clam and so what if he does. It's

1-6" fer chrissakes!

It sure wouldn't be worth it for me but small claims isn't that big of a deal. It's only a frigin' couple of inches! If the neighbor is such an ass, I certainly wouldn't even tempt him to sue me.

The cost of the fence, to move it A COUPLE OF FRIGGIN' INCHES. Good grief!

I certainly wouldn't go to court or set myself up to be taken to court over of A COUPLE FRIGGIN' INCHES. ...particularly when he's made it clear the issue isn't the fence, rather, being dissed by the neighbor.

[Tony Hwang]

Hi, How come OP did not raise this issue when he mveod in telling the neighbor? Did the neighbor put up the fence or he moved in after the fence was in place? Listening to one side story, the neighbor seems a jerk. If he is not nice to you, you don't need to be nice either. Give him as much hard time as you can but at his cost not yours.

[Buster]

There is a little known law, named "Eddie's law". You really should take advantage of it. Basically it works like this: for each inch your neighbor is using, you can charge up to $500 per year, per inch. I suggest filing a claim in court. You do not need an attorney, just file with the clerk of courts, they will hand you an "Eddie's law" form.

[DerbyDad03]

I'd still like to know the details of the lien. The way I read Ralph's post, he (Ralph) paid an attorney to write letters and a contractor to move the fence.

Can Ralph initiate a "mechanic's lien" even if he did not supply the labor or materials? Would the attorney fees be covered under a mechanic's lien?

[krw]

That sounds like the perfect recipe for a neighborhood war. No thanks! Not only is it childish but it can escalate into serious property damage or violence. If the neighbor insists on being a jerk, do what you can to avoid the problem but don't make it worse.

[Don Wiss]

In NYC, if a fence is on the neighbor's property, one has to file in civil court. You must have a survey, and the survey must have been done within three months of the case filing.

Don.

(e-mail link at home page bottom).