we have a 7 foot wood fence around our back yard, and on the side that our neighbor lives, they said to us when we bought the house that is was theres and they let the previous owners of our home put there fence joining theres. Now I had a rose bush planted and it had went through the fence cracks just a little bit, they sprayed the bush and it died...I ask them about it and he yelled at me telling me to stay the **** away from his fence. Now I want to have it survey'd to see if it might be on my side a bit too? any ideas of how I can do this on my own? Thanks for any ideas!!
2006-06-13 04:47:53 · 14 answers · asked by baseballmommy 4 in Home & Garden ➔ Garden & Landscape
I did say say I was sorry to them, and I would of never thought anything about it until he yelled at me, cussing me. Now I have to stand up and be a Woman! I have tryed to be nice and bend over backwards for that family....but I will go and do what it takes to see if that fence is on my line at all. I guess I might be over reacting but I just want them to know that We live here too and I will not sit back and let them run over me and my family. He even went as far as to tell my son, who is 8... not to even look in his **** yard when hes riding his bike on the walkway, So Now...You see were I am coming from. Its not the rose bush here!!
2006-06-13 05:03:08 · update #1
I don't have enough space for my answer because I just a few weeks ago set on a jury disputing a landline. We actually had to go back to 1832 when the land was taken from the indians in our deliberation.
From 5 days of listening to land surveyers, I just about consider myself an expert! (just kidding). But the case was the families of 2 old people in their 90's and we wound up deciding against the people who had owned the land since 1935 and paid taxes on it! Just because the law stated if the 12 jurors could not agree.....you had to draw a straight line.....no joke!
Pay for the survey! And for any reader, go to the courthouse and see if your property is registered! If it is not....one day a court might have to go from a survey point far away from you and make a decision!
2006-06-13 05:51:39 · answer #1 · answered by Need an answer 3 · 1⤊ 0⤋
Boy can I relate! See I own the 8 foot fence separating my property from my neighbours, and they do know that I will take care of the fence. Regarding the rosebush: Here in southeast Ontario, the law clearly states that any growth on that property is the responsibility of the owner of said property, not the growth! For example, 7 large trees in the rear of my property, belonging to the owner of the property behind me, broke during ice storm 98 and landed in my yard. The law quite specifically stated I was responsible for the clean up in my yard, but the trees were his! So, yes, i think the neighbour did go too far spraying the bush. He should have just clipped those branches. I would definitely put the $$ into a land survey, it is sooooo worth it. I had one done in 1986, (or I mean my mother did)and it has been used continuously. Go to the land registrar's office in your city, ( or your city hall will know where you can go), and for a nominal fee, ($10 where I live), you can look up the exact info for your property, and for , well , a few hundred at least, you can arrange a land survey for yourself and your peace of mind. Your city hall can help you there too. I can definitely relate to your problem!
2006-06-13 11:57:18 · answer #2 · answered by shire_maid 6 · 0⤊ 0⤋
Depending on how long ago you bought your house and what state you are located in your survey may still be good. Some states require a survey at closing, others do not. If not you are going to spend a lot of money for something that probably can not be changed. Your neighbor I would assume had a survey when he got the permit to build the fence in the first place. Check with the city you live in. You may be able to locate back building permits and find out if a survey was indeed done. Once a war is started it is hard to stop it and it is only going to make it harder for you to live there and enjoy your home. I wish you luck, but is vengeance really worth it.
2006-06-13 13:02:13 · answer #3 · answered by mandp 4 · 0⤊ 0⤋
I had a similar problem.
Get the survey it will be worth it in the long run.
Now for the bad news.
Lets say for agruements sake the fence was exactly on the property line and the roses hung over or crossed the line into their yard they have every right to cut, spray or anything else they want with it because it hangs on their side of the property line.
This also applies to trees, bushes and anything else that may cross the property line.
Sorry for the bad news.
As far as what they said to you they need to grow up and get a life.
Good Luck.
2006-06-13 11:56:11 · answer #4 · answered by Gabe 6 · 0⤊ 0⤋
You really need to have a surveyor set the bounds accurately. You might just check with the prior owner to see if this guy is jerking you around. If it is on his property, you have a problem. But before you hire a surveyor, look closely and see if you can spot the rear bounds; they might be iron pipes, or orange stakes, or cement bounds. He can cut off the growth that goes through but he cannot kill the plant. If he is a jerk, file a police report, or bring a small claims court action for the value of the plants and the cost of paying someone to put them in.
2006-06-13 16:12:10 · answer #5 · answered by dderat 4 · 0⤊ 0⤋
Indeed, have a surveyor come do a plat of the land and stake it out. If there is a discrepancy you can discuss it with your neighbor, but from the sound of it their minds are already made up. Then get the county involved if "their" fence is over the line or too close within restrictions.
2006-06-13 11:53:09 · answer #6 · answered by J.D. 6 · 0⤊ 0⤋
We have had to replace fencing on two sides of our back yard. Both times we were told that the adjoining property owner was responsible for half the cost of the fence. One homeowner is elderly with no homeowners insurance, the other is an absentee landlord who refused to pay his half. So we ended up paying for both but as I understand it, it should be on the property line. But no matter what, you should be allowed to plant anything you want on your side of the fence in your yard.
2006-06-13 11:57:30 · answer #7 · answered by smartypants909 7 · 0⤊ 0⤋
try to find survey markers just at the surface below the grass, close to the curb and at the back of the property, need two to be sure or if you see one on your side of the fence, then its your neighbor's fence, if its on their side its your property , good luck, a surveyor is costly. If its a town home and the fence is attached to the side of the building then if its middle its shared, or its on one side or the other.
2006-06-13 12:03:42 · answer #8 · answered by pdawarrior 2 · 0⤊ 0⤋
Depending on where it lies. If it lies inside his property lines then he owns it but most residentual fences lie directly (or close as possible) on the property line so therefore both/neither of you own it. As for the rose bushes i beleive you can claim damages as long as you can proove that he killed them and that they were not providing a detromental effect to his property (ie they werent rotting or destroying the fence).
2006-06-13 11:56:33 · answer #9 · answered by holendahead 2 · 0⤊ 0⤋
just because they said they own it, doesn't mean a thing. Get a survey. The survey will show you exactly where the property boundary is. You may own "his" fence.
Technically, your plant did encroach on his property. The nice thing would have been to trim it, not spray it.
good luck
2006-06-13 11:59:55 · answer #10 · answered by mark b 1 · 0⤊ 0⤋