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Neighbor fence issue....Here we go again! (1 Viewer)

STEADYMOBBIN 22 said:
 Yup. Im going to walk him to the backyard and show him that the fences are all on my property, explain to him that he hasnt done what he said and what my intentions are. If he balks at all Im going to install a 6'6" vinyl privacy fence on that side. I dont want to but it will shield us from them and he would be irate. He hates privacy fences and unfortunately his wife does too. 

Hes taking advantage of my niceness. Thats a mistake. 
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If it comes to that, put up the fence and then look into fast growing tall bushes in front of it to give it some visual appeal, depth, etc...versus just a stagnant big fence.   I recommend Viburnums.

 
rockaction said:
Nice property, STEADY. Other than that, I don't have much. 

Oh, one legal thing that may or may not be true. If he tries to claim adverse possession, I don't think he meets the qualifications. Just my two cents. 
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I am not sure if this is the same terminology, but in North Carolina, if a property line is not "brought to the attention of the owner" after 20 years, they get to keep it. 

2 Doors up, neighbor (who moved in ~2001) put fence up 32" on the next door property ..  21 years ago...  Next door neighbor (who bought in 2018) had to file legal papers to make a claim since it was not resolved... and had several survey's completed by buyers/sellers on property.

I would get a good survey and have it recorded in the County/city office.  Then follow friendly chats about your plans 

offdee said:
Go out and stake and string the line of where you're property is before talking to him.  Give an actual visual representation of what you're requesting here.  You could even do the extreme "actual" line stake and a 2nd "this is what I'm requesting" line stake to seem like you're being nice about it.    Without a visual he may not fully grasp what you're requesting.  Make it crystal clear that you are saying legally he needs to move it and this is where it needs to be moved at a minimum.
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GOOD SUGGESTION HERE!! 

 
I'm addition to everything else suggested, you should do something about that death trap of a trampoline in your yard

 
6 foot privacy fence will clean up the neighbors yard nicely. My neighbor has a couple German Shepherds that are always trying to bark at my dogs and tearing up their yard. Stuff gets chewed up, they are constantly running around playing so the grass gets tore up. Put up a privacy fence in 2020. Have no idea what their yard looks like right now. Its awesome. 

 
top dog said:
6 foot privacy fence will clean up the neighbors yard nicely. My neighbor has a couple German Shepherds that are always trying to bark at my dogs and tearing up their yard. Stuff gets chewed up, they are constantly running around playing so the grass gets tore up. Put up a privacy fence in 2020. Have no idea what their yard looks like right now. Its awesome. 
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Yeah at some point you just say screw it and do what you gotta do.   You already said the neighbor guy is a jackhole so who cares if he gets upset by it.   The neighbor wife will get over it...I'm guessing she'll understand why you're doing it.

Just put up a fence and make it look good on your side by planting bushes, flowers, mulch, etc. in front of it.  The fence then just becomes a backdrop to highlight the greenery in front of it.

 
STEADYMOBBIN 22 said:
Moved to this house in 2004. 

Couple years later the neighbor approaches me and says he wants to replace the existing fence. He pays for the material and I help him replace the existing fence. 

Neighbor builds garden on the fence line, using the fence as 1 of the 4 sides. It's an eyesore.

Last year we got a survey because we wanted to plant a hedgerow around our entire property and it turns out the fence is 100% on our property. 

I approached the neighbor about the garden and the neighbor says he will move the garden back but still hasn't. In fact, they just planted new tomato plants in the raised bed thats on our property. It appears that they have no intention of doing as they said.

Picture of the backyard and neighbor's garden up against our property.

Whats the play here? Im going to tell them of my intentions to replace the fence, per code, 8" from my property line. This means the existing fence is coming down. I going to ask if he wants the material which is just wooden 4x4 posts or I can dispose of them myself. 

We are trying to handle this with kid gloves as we are friendly with the wife, but not the husband. Im losing my patience. 
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Wait, so it has been like this for 18 years and now you want to have everything changed?

 
Alex P Keaton said:
Wait, so it has been like this for 18 years and now you want to have everything changed?
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The garden they built has only been there for a few years. It started pretty small and they’ve expanded every season. 
 

Still a weird take. Who cares how long it’s been? It’s my property. 

 
offdee said:
Yeah at some point you just say screw it and do what you gotta do.   You already said the neighbor guy is a jackhole so who cares if he gets upset by it.   The neighbor wife will get over it...I'm guessing she'll understand why you're doing it.

Just put up a fence and make it look good on your side by planting bushes, flowers, mulch, etc. in front of it.  The fence then just becomes a backdrop to highlight the greenery in front of it.
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Im going to talk to his wife on Tuesday and let her know what’s coming just so she can be ready for him to make her life (more) miserable. 

 
Alex P Keaton said:
Wait, so it has been like this for 18 years and now you want to have everything changed?
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Yeah, this is what is interesting. 

I have a row of trees on the east side of my house. I am the second owner of my house, which is 53 years old. Those trees have been here since the house was built. The neighbor on the other side has been here the whole time.

When I moved in 12 years ago, I asked the neighbor about cutting some of them down to clean it up a bit (they are an old hedge row from when this was farming land). He mentioned he really liked the greenery, so I let it drop. I've trimmed up my side and kept it clean over the years, so just making do.

We are talking about putting up a fence this year, so I took a look at the plat map for my house and the survey. Turns out the entirety of those trees is legally on my property line, and even about another foot on his side.

Now, this tree line has been there forever and both properties have basically taken care of "their side." I suppose I could pull out my survey and wave it in his face and say "sorry dude" - my trees to do as I see fit. 

But my new fence will probably go up between trees and around them on my side. Basically I'm seceding two feet of property on that side. Which really has been done already given the concept of time.

Could I be a stickler about it? Sure. But something that has been basically out in the open and seemingly mutually agreed to by both parties should stand. In my opinion.

 
ChiefD said:
Yeah, this is what is interesting. 

I have a row of trees on the east side of my house. I am the second owner of my house, which is 53 years old. Those trees have been here since the house was built. The neighbor on the other side has been here the whole time.

When I moved in 12 years ago, I asked the neighbor about cutting some of them down to clean it up a bit (they are an old hedge row from when this was farming land). He mentioned he really liked the greenery, so I let it drop. I've trimmed up my side and kept it clean over the years, so just making do.

We are talking about putting up a fence this year, so I took a look at the plat map for my house and the survey. Turns out the entirety of those trees is legally on my property line, and even about another foot on his side.

Now, this tree line has been there forever and both properties have basically taken care of "their side." I suppose I could pull out my survey and wave it in his face and say "sorry dude" - my trees to do as I see fit. 

But my new fence will probably go up between trees and around them on my side. Basically I'm seceding two feet of property on that side. Which really has been done already given the concept of time.

Could I be a stickler about it? Sure. But something that has been basically out in the open and seemingly mutually agreed to by both parties should stand. In my opinion.
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Interesting.  Yeah, my parents had the same type of issue at their cabin.  It turned into a dispute over property lines from the 1940s.  Between two sets of relatives.  Got really ugly and everyone is bitter about it.

Seems like your approach is very rational and measured.  But I also can appreciate the other potential approach here.

I would have trouble making a giant fuss out of something that has been going on for 18 years.  Especially if I already lived on an estate-sized parcel of land.  But again, I also get that “what’s right is right.”  No judgment here.  Just interesting.

 
ChiefD said:
Yeah, this is what is interesting. 

I have a row of trees on the east side of my house. I am the second owner of my house, which is 53 years old. Those trees have been here since the house was built. The neighbor on the other side has been here the whole time.

When I moved in 12 years ago, I asked the neighbor about cutting some of them down to clean it up a bit (they are an old hedge row from when this was farming land). He mentioned he really liked the greenery, so I let it drop. I've trimmed up my side and kept it clean over the years, so just making do.

We are talking about putting up a fence this year, so I took a look at the plat map for my house and the survey. Turns out the entirety of those trees is legally on my property line, and even about another foot on his side.

Now, this tree line has been there forever and both properties have basically taken care of "their side." I suppose I could pull out my survey and wave it in his face and say "sorry dude" - my trees to do as I see fit. 

But my new fence will probably go up between trees and around them on my side. Basically I'm seceding two feet of property on that side. Which really has been done already given the concept of time.

Could I be a stickler about it? Sure. But something that has been basically out in the open and seemingly mutually agreed to by both parties should stand. In my opinion.
Click to expand...


Alex P Keaton said:
Interesting.  Yeah, my parents had the same type of issue at their cabin.  It turned into a dispute over property lines from the 1940s.  Between two sets of relatives.  Got really ugly and everyone is bitter about it.

Seems like your approach is very rational and measured.  But I also can appreciate the other potential approach here.

I would have trouble making a giant fuss out of something that has been going on for 18 years.  Especially if I already lived on an estate-sized parcel of land.  But again, I also get that “what’s right is right.”  No judgment here.  Just interesting.
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Trees are one thing. No problem with that.  Erecting an ugly ### garden three feet onto my property is another. All summer we have to see them, her fat ### facing us and his fat shirtless belly. It sucks. 

 
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STEADYMOBBIN 22 said:
Trees are one thing. No problem with that.  Erecting an ugly ### garden three feet onto my property is another. All summer we have to see them, her fat ### facing us and his fat shirtless belly. It sucks. 
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3 feet?

Yeah, I see your point now. Thats a lot of real estate with that yard of yours. Sweep the leg SM. 

 
STEADYMOBBIN 22 said:
Trees are one thing. No problem with that.  Erecting an ugly ### garden three feet onto my property is another. All summer we have to see them, her fat ### facing us and his fat shirtless belly. It sucks. 
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Well now you just wrecked the dream of her making out with you wife when you don’t even like seeing her fat…

 
If the square footage of your lot that is impacted isn't a huge deal to you, you could sell him the land for: what you value the land at + the cost of a fence + cost of survey and lot line adjustment.

Or do it by granting him an easement for what you value the land at + cost of fence + cost of lawyer & survey to write the easement. You could write the easement such that it restricts it to garden only or whatever. 

Either of these might be less adversarial and protect your chance to have your wife make out with a drug dealing stay at home mom. 

 
To make this easier let's give the neighbors fake names. We will call the husband "Richard" and the wife "Lisa".

OK so the fence thing isn't that exciting. I spoke to Lisa and explained where we are and that I am going to speak to Richard about the fence. I just wanted to let her know in advance because Richard is a jerk and he will likely be upset for no reason. Lisa then tells me that Richard is having some health problems and is starting to show signs of forgetfulness that she is very concerned about. She also mentioned that Richard wants to get his own survey.  :rolleyes: . 

Where we left it was that with summer basically here, none of us are interested in taking down and installing a new fence in the heat and humidity of the mid-atlantic. I will speak to Richard over the weekend and let him know of my intentions to replace the fence in the fall. That way they dont have to disturb the garden (that he already said he would cut back last winter,) and give him time to get his own survey.  I am going to set a hard date of October 1st. 

To be continued.....

 
Richard and Lisa and all their (former) friends are basically hippies. They use words like groovy and bummer. They used to be so much fun. They had a group of similar friends. All the husbands worked and most of the moms were stay at home moms who also sold drugs and partied hard. Like pounds of weed and 8balls of coke. It was pretty shocking at first to see and hear all their stories. They were all a close group and it was not uncommon for the wives to be shared and there was a fair amount of wife on wife action. Actually a lot. The part I mentioned earlier about my wife denying Lisa's advances was just a one time attempt by lisa. We were all drunk and/or high and Lisa went in for the kiss and the wife just turned away. At the time I was sad but hindsight being 20/20 the Mobbins aren't down for that type of action and while it would have been a blast, Im not sure we needed more drama in our marriage at that point. That kinda stuff sounds good but in reality it rarely ends well. 

So long story short - Richard and another wife from the group took the casual sharing to the next level and started essentially dating behind everyone's backs. Then they even started showing more and more affection towards each other while the groups were all assembled, much to the embarrassment of Lisa. The whole thing blew up and now Richard has isolated themselves from everyone. They no longer have any friends over and basically Richard just watches CNN and Fox and screams at the TV. 

:shrug:  Let me know if you want to know anything else. 

 
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STEADYMOBBIN 22 said:
To make this easier let's give the neighbors fake names. We will call the husband "Richard" and the wife "Lisa".

OK so the fence thing isn't that exciting. I spoke to Lisa and explained where we are and that I am going to speak to Richard about the fence. I just wanted to let her know in advance because Richard is a jerk and he will likely be upset for no reason. Lisa then tells me that Richard is having some health problems and is starting to show signs of forgetfulness that she is very concerned about. She also mentioned that Richard wants to get his own survey.  :rolleyes: . 

Where we left it was that with summer basically here, none of us are interested in taking down and installing a new fence in the heat and humidity of the mid-atlantic. I will speak to Richard over the weekend and let him know of my intentions to replace the fence in the fall. That way they dont have to disturb the garden (that he already said he would cut back last winter,) and give him time to get his own survey.  I am going to set a hard date of October 1st. 

To be continued.....
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If I were you I'd formalize your discussion with Richard in a follow up letter to him, to avoid the possibility of his "forgetfulness" resulting in him not having any idea what you're talking about come fall.

 
John123 said:
STEADYMOBBIN 22 said:
To make this easier let's give the neighbors fake names. We will call the husband "Richard" and the wife "Lisa".

OK so the fence thing isn't that exciting. I spoke to Lisa and explained where we are and that I am going to speak to Richard about the fence. I just wanted to let her know in advance because Richard is a jerk and he will likely be upset for no reason. Lisa then tells me that Richard is having some health problems and is starting to show signs of forgetfulness that she is very concerned about. She also mentioned that Richard wants to get his own survey. :rolleyes: .

Where we left it was that with summer basically here, none of us are interested in taking down and installing a new fence in the heat and humidity of the mid-atlantic. I will speak to Richard over the weekend and let him know of my intentions to replace the fence in the fall. That way they dont have to disturb the garden (that he already said he would cut back last winter,) and give him time to get his own survey. I am going to set a hard date of October 1st.

To be continued.....
Click to expand...


If I were you I'd formalize your discussion with Richard in a follow up letter to him, to avoid the possibility of his "forgetfulness" resulting in him not having any idea what you're talking about come fall.
Click to expand...


This was good advice that I should have went with.

Spoke with them yesterday because I have all the materials ready to go and now he’s telling me no.

He said that by moving the fence (off of MY property), I would be getting my cake and eating it too.

It’s now a mess. Wife and I are going to come to a division- give them two options, move their fence and we can install ours or we go full privacy fence.
 
just start building random crap on his yard dig a hole and fill it with concrete let him know how it feels and do it all while shirtless take that to the bank brochacho
 
ChiefD said:
Alex P Keaton said:
Wait, so it has been like this for 18 years and now you want to have everything changed?
Click to expand...
Yeah, this is what is interesting.

I have a row of trees on the east side of my house. I am the second owner of my house, which is 53 years old. Those trees have been here since the house was built. The neighbor on the other side has been here the whole time.

When I moved in 12 years ago, I asked the neighbor about cutting some of them down to clean it up a bit (they are an old hedge row from when this was farming land). He mentioned he really liked the greenery, so I let it drop. I've trimmed up my side and kept it clean over the years, so just making do.

We are talking about putting up a fence this year, so I took a look at the plat map for my house and the survey. Turns out the entirety of those trees is legally on my property line, and even about another foot on his side.

Now, this tree line has been there forever and both properties have basically taken care of "their side." I suppose I could pull out my survey and wave it in his face and say "sorry dude" - my trees to do as I see fit.

But my new fence will probably go up between trees and around them on my side. Basically I'm seceding two feet of property on that side. Which really has been done already given the concept of time.

Could I be a stickler about it? Sure. But something that has been basically out in the open and seemingly mutually agreed to by both parties should stand. In my opinion.
Click to expand...
Just to circle back on this since I know you all care:

Had a conversation with the neighbor and asked if I could put the fence line on their side of the trees. They said no problem. Looks way nicer and the fence guys put it real tight against the trees so it stays on my property line.

Worked out well.
 
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