it is a fence across the back of my lot that is one foot onto my property.
2006-10-11 09:24:19 · 15 answers · asked by nicholas21605 2 in Home & Garden ➔ Other - Home & Garden
You can make him move the fence. Make sure that it is actually on your property by having your property surveyed. If the fence is on your property, your neighbor is "encroaching" on your property. I would not take over ownership of the fence, I would make him move it.
Good luck with your situation.
2006-10-15 07:25:50 · answer #1 · answered by exbuilder 7 · 9⤊ 0⤋
There are a couple of things that make your question more complicated than it seems. I don't know if my answer will work in all states. First thing is do you know for certain where the property line is? There are times where a fence or something that would suggest where the property line is can be grandfathered or accepted as the property line. Regardless, if the location of the fence is unacceptable which seems to be the case I would suggest that you send the offending neighbor a certified letter with return receipt informing him that you are taking exception to location of his fence. Fences are tricky and irritating issues. I would also suggest that you visit site for Nolo Press which carries a outstanding book regarding issues such as this. Nolo has an internet site and the book is in every day language and is helpful for those of us having trouble with neighbors. I am sorry but the title escapes me at this time. Best of luck I have been there. You need bone up on easements and issues of when someone uses your property openly with out your permission as well. I had neighbor claim he had rights to 6' of my property and attempted to claim it using hostile and open used of the 6' whenever he could. He verbally claimed he had easement. His " easement" claims were false and a lie and would have extended him several inches into my house! I demanded that he prove his right to this "easement" and he has not said a word since and now stays off the 6' area. I threatened to sue him and he must have contacted an attorney as he really stays off that area and does not even walk upon it. I would suggest that in your letter of objection that you ask what he is relying on to indicate where the property line is. I would suggest that you become familiar with the laws in your state. I would arm myself with as much info as I can find at my local library. You can never have too much information.
2006-10-11 09:46:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you are up set about it and would like it moved, you will have to call the City and have a Building Inspector come out. You may have to produce a "survey" of your property. This will prove to the Inspector that the fence is on your property. If it is, the neighbor will be required to move it. If you come to some kind of an agreement with you neighbor, then leave it up. But.....it will cause serious problems in the event you want to sell your property. If it were me, I would have it moved to prevent any problems in the future.
2006-10-11 09:33:00 · answer #3 · answered by bugear001 6 · 0⤊ 0⤋
Don't just start sawing. You will be in the wrong. Get an official survey of the property line done. If they find the neighbor's fence is over the property line, you will have proper documentation. Then you will want to take the documentation to a Lawyer and have them write a letter to the neighbor. You can either request that they pay you and you can grant them an easement for the leaning fence... or you can ask them to remove/move the fence. Basically you need to have the Attorney advise you what the best course of action is according to the laws of your state.
2016-03-28 05:17:36 · answer #4 · answered by ? 4 · 0⤊ 0⤋
have a chat and see if it was a misunderstanding between him and the fencing company about existing property lines,are there any trees on the boundary that may have forced him to encrouch? If all else fails see your local council officer. Always be amicable as an unhappy neighbour is hell to live next to for the next 20 years
2006-10-11 09:36:08 · answer #5 · answered by the c 1 · 0⤊ 0⤋
If it is an old fence rather than a new one, there could be an easement agreement already in effect. My garage is a foot on my neighbor's property. You'd have to check with the township/county.
2006-10-11 09:27:20 · answer #6 · answered by randomidentification 3 · 0⤊ 0⤋
Call the building inspector in your town or get an attorney. If it is in fact on your property, they will have to take it down.
2006-10-11 09:34:35 · answer #7 · answered by angel 3 · 0⤊ 0⤋
If you can absolutely prove it you can have them move it. Another approach is to sell them the land that it takes or barter with them for something that you want that they control/have. Depends upon the type of relationship you have and/or want with the neighbor.
2006-10-11 09:34:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋
WRITE CERTIFIED LETTER, THANKING HIM FOR YOUR NEW FENCE, & INFORM HIM WHAT YOU INTEND TO DO WITH YOUR NEW FENCE, THEN CONSULT A LAWYER FOR YOUR NEXT MOVE! LETTING THE NEIGHBOR KNOW HE'LL BE PAYING FOR THAT TOO! - ALL THIS ASSUMING YOU HAVE A SURVEY & KNOW HOW TO READ IT & IT ( SURVEY) IS NOT IN DISPUTE)!
2006-10-11 10:37:39 · answer #9 · answered by Bonno 6 · 0⤊ 0⤋
That one foot wide strip would make a GREAT place to plant poison ivy.
2006-10-11 09:32:19 · answer #10 · answered by mmd 5 · 0⤊ 0⤋