Neighbor's fence is 2ft across my property line... big deal? (1 Viewer)

[Spin]

We built our house back in September, and the lots behind me are offset, so the middle of my property line is directly in between the two lots. The lady who is back and to the left, did not have a fence when we started building, but about 40 days before our house finished started building a fence. Never thought anything of it. Wife and I started to build an aluminum fence, and got a city surveyor out to mark our our property line, we wanted it to be about 3-4 ft inside each line so we could weed eat each side since we can see through our fence.

The guy comes up to me and says "just letting you know, your neighbor back here, is about 16 inches across your line here, all the way up to 2 ft across your line at this point." Essentially carving out a small wedge from the back left of my property.

She travels a ton for work, and has been out for the last two weeks. We had the fence guy install right against her fence, since it's still the 2ft off the line that we originally wanted. When she gets back, what's the best way to approach this. Is it even worth making a big deal about? We're talking <50 sqft, and the whole lot is 1/8th of an acre total, so we're talking less then 1% of my total lot.

Do I just offer to sell that section to her? The lots are going for 8k a lot atm, so 1% of 8k is only like $80, but it'd save her whatever the cost to move the fence back, not sure if the HOA even allows this. I don't want to be too much of a pain in the ###, as it really doesn't bother me, but I'm curious if that's gonna cause a headache when I go to sell it in a few years. Some guy starts griping because the backyards is every so slightly smaller then it should be because of her fence.

 

[walnutz]

Do you plan on selling that house at any time? If you do then yes it is a big deal because when you get a survey to sell the survey will show that the fence is on your property line. Your neighbor will have to move it then. Better to deal with it now than have to deal with it later would be my opinion.

 

[mquinnjr]

Burn it down.

 

[eoMMan]

Shoot him in the face and unleash your pit bull on him.

 

[Insein]

Probably wanted to keep you from mowing his lawn.

 

[larch]

Shoot him in the face and unleash your pit bull on him.

Spin lives next to Bruce Jenner?

 

[El Floppo]

field goal posts, IMO.

or talk to the neighbor.

 

[James Daulton]

The nice guy in you wants to say no big deal. The realist guy in you says that that property will become hers after a few years so just sell it to her now. The ####### guy in you makes her move the fence now.

Which guy wins out?

 

[ChiefD]

We built our house back in September, and the lots behind me are offset, so the middle of my property line is directly in between the two lots. The lady who is back and to the left, did not have a fence when we started building, but about 40 days before our house finished started building a fence. Never thought anything of it. Wife and I started to build an aluminum fence, and got a city surveyor out to mark our our property line, we wanted it to be about 3-4 ft inside each line so we could weed eat each side since we can see through our fence.

The guy comes up to me and says "just letting you know, your neighbor back here, is about 16 inches across your line here, all the way up to 2 ft across your line at this point." Essentially carving out a small wedge from the back left of my property.

She travels a ton for work, and has been out for the last two weeks. We had the fence guy install right against her fence, since it's still the 2ft off the line that we originally wanted. When she gets back, what's the best way to approach this. Is it even worth making a big deal about? We're talking <50 sqft, and the whole lot is 1/8th of an acre total, so we're talking less then 1% of my total lot.

Do I just offer to sell that section to her? The lots are going for 8k a lot atm, so 1% of 8k is only like $80, but it'd save her whatever the cost to move the fence back, not sure if the HOA even allows this. I don't want to be too much of a pain in the ###, as it really doesn't bother me, but I'm curious if that's gonna cause a headache when I go to sell it in a few years. Some guy starts griping because the backyards is every so slightly smaller then it should be because of her fence.

Why did you have your fence guy install against her fence? Seems like you could have saved a crap ton of money using her fence as your back fence.

 

[The Ref]

Hi neighbor - turns out your fence is on my property. I don't want you to rip it down, but I just wanted to let you know it may be an issue in the future if I sell the house.

Xoxo

 

[eoMMan]

Probably wanted to keep you from mowing his lawn.

Is that a sexual euphemism?

 

[Ditkaless Wonders]

If you deal with it immediately she may have recourse against the company that miss-installed her fence. You are doing her a favor by bringing the matter immediately to her attention. I'm sure she no more wants the headaches associated with clearing this up when she sells than would you. Get it straight, in a friendly, cooperative manner.

 

[Thunderlips]

Is she hot?

Sex for land sounds like a good idea.

 

[James Daulton]

Is she hot?

Sex for land sounds like a good idea.

 

[Nathan R. Jessep]

sleep with her fence erector

 

[Spin]

We built our house back in September, and the lots behind me are offset, so the middle of my property line is directly in between the two lots. The lady who is back and to the left, did not have a fence when we started building, but about 40 days before our house finished started building a fence. Never thought anything of it. Wife and I started to build an aluminum fence, and got a city surveyor out to mark our our property line, we wanted it to be about 3-4 ft inside each line so we could weed eat each side since we can see through our fence.

The guy comes up to me and says "just letting you know, your neighbor back here, is about 16 inches across your line here, all the way up to 2 ft across your line at this point." Essentially carving out a small wedge from the back left of my property.

She travels a ton for work, and has been out for the last two weeks. We had the fence guy install right against her fence, since it's still the 2ft off the line that we originally wanted. When she gets back, what's the best way to approach this. Is it even worth making a big deal about? We're talking <50 sqft, and the whole lot is 1/8th of an acre total, so we're talking less then 1% of my total lot.

Do I just offer to sell that section to her? The lots are going for 8k a lot atm, so 1% of 8k is only like $80, but it'd save her whatever the cost to move the fence back, not sure if the HOA even allows this. I don't want to be too much of a pain in the ###, as it really doesn't bother me, but I'm curious if that's gonna cause a headache when I go to sell it in a few years. Some guy starts griping because the backyards is every so slightly smaller then it should be because of her fence.

Why did you have your fence guy install against her fence? Seems like you could have saved a crap ton of money using her fence as your back fence.

She has a privacy wood fence. Ours is aluminum.

 

[Spin]

Hi neighbor - turns out your fence is on my property. I don't want you to rip it down, but I just wanted to let you know it may be an issue in the future if I sell the house.

Xoxo

Yah, this is probably the route I'll take. That plus roundup in between the fences to keep the grass from overgrowing.

 

[skol asylum]

Is she hot?

Sex for land sounds like a good idea.

Hmmm...a certain type of beads might work...

 

[Ditkaless Wonders]

I had a neighbor sell, and a new neighbor move in. The new neighbor wanted to change the three rail fence to a six foot privacy fence. By covenant I had the right to object. I told him I do not like the look of six foot privacy fences, but, since he seemed set on it I would not file an objection, he was free to build.

His fencing contractor came in and installed the fence. To do so they accessed the area through my side of the property. They built the privacy fence on my side of the existing three rail job and they did not take down the three rail job. I was shocked they could make the mistake as I live in a fairly new subdivision and the property boundary markers are clearly affixed in the corners of the properties. Even without surveying one can stretch a string and locate the boundaries.

When I got home I approached the neighbor. Before I said anything he said he knew and was already calling the contractor to come out and fix the mess. The contractor had to come out on a Saturday. My new neighbor and I bonded over beers and ribs his wife made (excellent) while we sat and watched the crew pull out both fences and reinstall a privacy fence on my neighbor's side of the line.

 

[Quez]

Offering to sell her a small section is probably out of question. It would be a huge pita and probably cost a ton of $ even you were allowed.

 

[Spin]

Hi neighbor - turns out your fence is on my property. I don't want you to rip it down, but I just wanted to let you know it may be an issue in the future if I sell the house.

Xoxo

Is this something I need documented at all that I gave her a head's up, or just knock on the door and let her know.

 

[El Floppo]

Hi neighbor - turns out your fence is on my property. I don't want you to rip it down, but I just wanted to let you know it may be an issue in the future if I sell the house.

Xoxo

Is this something I need documented at all that I gave her a head's up, or just knock on the door and let her know.

don't you have a survey by your fence guy- at the very least, you have that as documentation.

We built our house back in September, and the lots behind me are offset, so the middle of my property line is directly in between the two lots. The lady who is back and to the left, did not have a fence when we started building, but about 40 days before our house finished started building a fence. Never thought anything of it. Wife and I started to build an aluminum fence, and got a city surveyor out to mark our our property line, we wanted it to be about 3-4 ft inside each line so we could weed eat each side since we can see through our fence.

The guy comes up to me and says "just letting you know, your neighbor back here, is about 16 inches across your line here, all the way up to 2 ft across your line at this point." Essentially carving out a small wedge from the back left of my property.

She travels a ton for work, and has been out for the last two weeks. We had the fence guy install right against her fence, since it's still the 2ft off the line that we originally wanted. When she gets back, what's the best way to approach this. Is it even worth making a big deal about? We're talking <50 sqft, and the whole lot is 1/8th of an acre total, so we're talking less then 1% of my total lot.

Do I just offer to sell that section to her? The lots are going for 8k a lot atm, so 1% of 8k is only like $80, but it'd save her whatever the cost to move the fence back, not sure if the HOA even allows this. I don't want to be too much of a pain in the ###, as it really doesn't bother me, but I'm curious if that's gonna cause a headache when I go to sell it in a few years. Some guy starts griping because the backyards is every so slightly smaller then it should be because of her fence.

Why did you have your fence guy install against her fence? Seems like you could have saved a crap ton of money using her fence as your back fence.

She has a privacy wood fence. Ours is aluminum.

wihtout seeing these, privacy wood fence sounds better than aluminum (chain-link?) IMO.

 

[Ditkaless Wonders]

Offering to sell her a small section is probably out of question. It would be a huge pita and probably cost a ton of $ even you were allowed.

Recording the transfer on both deeds would be pricey.

 

[Guest]

Damn. Fence builders sure have a hard time finding property boundaries. You would think that would be Fence Building 101.

 

[Spin]

without seeing these, privacy wood fence sounds better than aluminum (chain-link?) IMO.

The neighbors behind us are all on a hill, relatively close and two story houses. A privacy fence would provide 0 privacy from my neighbors in any direction, only from people on the street really.

http://puu.sh/jnVPo/59ecb56f27.jpg

This picture was taken before we built our fence. We have the same exact fence as the neighbor to our left, and didn't have to build a side panel along the left of our property line. You can see how high up the hill her house sits, as you can see the grass behind her 6ft privacy fence.

 

[El Floppo]

without seeing these, privacy wood fence sounds better than aluminum (chain-link?) IMO.

The neighbors behind us are all on a hill, relatively close and two story houses. A privacy fence would provide 0 privacy from my neighbors in any direction, only from people on the street really.

http://puu.sh/jnVPo/59ecb56f27.jpg

This picture was taken before we built our fence. We have the same exact fence as the neighbor to our left, and didn't have to build a side panel along the left of our property line. You can see how high up the hill her house sits, as you can see the grass behind her 6ft privacy fence.

thanks for the pic- clears things up... and lol at "privacy" in that situation

 

[Bucky86]

Damn. Fence builders sure have a hard time finding property boundaries. You would think that would be Fence Building 101.

probably works out in their favor. Always going to have work fixing the other companies mistake.

 

[Quez]

You need some trees / shrubs back there.

 

[Spin]

without seeing these, privacy wood fence sounds better than aluminum (chain-link?) IMO.

The neighbors behind us are all on a hill, relatively close and two story houses. A privacy fence would provide 0 privacy from my neighbors in any direction, only from people on the street really.

http://puu.sh/jnVPo/59ecb56f27.jpg

This picture was taken before we built our fence. We have the same exact fence as the neighbor to our left, and didn't have to build a side panel along the left of our property line. You can see how high up the hill her house sits, as you can see the grass behind her 6ft privacy fence.

thanks for the pic- clears things up... and lol at "privacy" in that situation

Exactly, that's why we went with the black aluminum. Lifetime warranty, won't fade in color, don't have to worry about treating it. And the privacy aspect is a joke anyhow. We just wanted the fence to keep the kids in when they're outside.

 

[jomar]

wouldn't the privacy fence also be a couple feet onto your neighbors property to the left?

 

[Spin]

wouldn't the privacy fence also be a couple feet onto your neighbors property to the left?

Yes, in the picture above, where her fence starts is actually off his property line, and about 1ft behind her property line. When they built it, they must have taken a bad angle because at some point it crosses across his back line, and when it gets to my property line on the side is actually about 16inches over. When it ends on her side line, it is about 2 ft across my line.

 

[jomar]

wouldn't the privacy fence also be a couple feet onto your neighbors property to the left?

Yes, in the picture above, where her fence starts is actually off his property line, and about 1ft behind her property line. When they built it, they must have taken a bad angle because at some point it crosses across his back line, and when it gets to my property line on the side is actually about 16inches over. When it ends on her side line, it is about 2 ft across my line.

is that neighbor aware? If he is, I guess he doesn't have an issue with it?

 

[Spin]

wouldn't the privacy fence also be a couple feet onto your neighbors property to the left?

Yes, in the picture above, where her fence starts is actually off his property line, and about 1ft behind her property line. When they built it, they must have taken a bad angle because at some point it crosses across his back line, and when it gets to my property line on the side is actually about 16inches over. When it ends on her side line, it is about 2 ft across my line.

is that neighbor aware? If he is, I guess he doesn't have an issue with it?

He is now. I told him about it after the surveyor told me. His fence guys never brought it up to him. He said he's not bothered by it, and said we should come up with a plan and do the same thing. I think I'll just tell him I'm going to tell her she doesn't have to move it now, but it may be an issue if/when we sell.

 

[Drifter]

As mentioned, you should also let her know that she should pursue the fencing company to come out and fix it free.

 

[Fat Nick]

I've got the opposite problem at my place. I border my neighbor for about 150 yards. The previous owner planted white pines as a privacy screen between our property and theirs. He planted the trees a solid 15 feet inside our property line. In one spot, it's probably closer to 25'. In being a good neighbor (neighbor is a solid guy, very good friend), I have to basically go behind the trees and cut another 10' of yard that I never get to see or use. It's essentially my neighbors yard, but I pay the taxes and keep it cut.

I can't wait to eventually cut down all the white pine and put up some new trees...and reclaim my lost yard space.

 

[SWC]

if the white pines are in good shape with long stretches of wood you might be able to sell them to a timber buyer brohan they come and cut them and pay you for it i know a bromigo who did that with some white and red pines up north and hardwoods so maybe you can take it to the bank

 

[jomar]

wouldn't the privacy fence also be a couple feet onto your neighbors property to the left?

Yes, in the picture above, where her fence starts is actually off his property line, and about 1ft behind her property line. When they built it, they must have taken a bad angle because at some point it crosses across his back line, and when it gets to my property line on the side is actually about 16inches over. When it ends on her side line, it is about 2 ft across my line.

is that neighbor aware? If he is, I guess he doesn't have an issue with it?

He is now. I told him about it after the surveyor told me. His fence guys never brought it up to him. He said he's not bothered by it, and said we should come up with a plan and do the same thing. I think I'll just tell him I'm going to tell her she doesn't have to move it now, but it may be an issue if/when we sell.

I'm not a lawyer but can't that couple feet of property legally become your neighbor's after a certain amount of years if its on their side of the fence?

 

[Fat Nick]

if the white pines are in good shape with long stretches of wood you might be able to sell them to a timber buyer brohan they come and cut them and pay you for it i know a bromigo who did that with some white and red pines up north and hardwoods so maybe you can take it to the bank

They're only about 20' tall at this point. The problem is that deer will eat White Pine during harsh winters, and after 2 in a row, they've cropped everything from about 4' down...so basically, I have big ugly white pine privacy screens from 4' UP, and some scraggly branches below. I can easily see through to my neighbor if I kneel down.

Not a huge deal, I just wish that the previous owner picked a better screen tree. Especially considering he probably planted 50+ white pines. It'll cost me 2-3x that to have them taken out and something like a Thujia planted in their place.

Interesting thought though...maybe I just let them grow some more and see if someone would take them.

 

[thecatch]

wouldn't the privacy fence also be a couple feet onto your neighbors property to the left?

Yes, in the picture above, where her fence starts is actually off his property line, and about 1ft behind her property line. When they built it, they must have taken a bad angle because at some point it crosses across his back line, and when it gets to my property line on the side is actually about 16inches over. When it ends on her side line, it is about 2 ft across my line.

is that neighbor aware? If he is, I guess he doesn't have an issue with it?

He is now. I told him about it after the surveyor told me. His fence guys never brought it up to him. He said he's not bothered by it, and said we should come up with a plan and do the same thing. I think I'll just tell him I'm going to tell her she doesn't have to move it now, but it may be an issue if/when we sell.

I'm not a lawyer but can't that couple feet of property legally become your neighbor's after a certain amount of years if its on their side of the fence?

This would be my concern. I'd want to feel comfortable with my jurisdiction's property laws on the subject before I'd ever agree to kicking the can on the issue.

 

[Spin]

I'm not a lawyer but can't that couple feet of property legally become your neighbor's after a certain amount of years if its on their side of the fence?

This would be my concern. I'd want to feel comfortable with my jurisdiction's property laws on the subject before I'd ever agree to kicking the can on the issue.

It is seemingly covered here:

It may seem odd at first glance, but most states allow squatters to obtain legal title to a piece of real estate if they inhabit that property for a certain number of years. The doctrine of "adverse possession," also referred to as "continuous trespassers' rights," is intended to discourage the abandonment of property by rewarding those who use it. Of course, it's not that simple. In Tennessee, someone may claim title after seven years (or 20 years without color of title) if they satisfy the following requirements:

1. Must enter the land without the owner's permission (hence the term "adverse");
2. Must actually be on the land, using and caring for it as if it were his or her own;
3. Must use the land and/or structure in an open manner (in other words, it may not be secretive or covert); and
4. Must use the land continuously for seven years, without sharing this possession with others (unless it's possession by tenants in common).

It can all get a little confusing, but the following chart outlines some of the law's main provisions.

Code Section 28-2-101, et seq. Time Period Required for Occupation 7 yrs. with color of title; 20 yrs. without color of title Time for Landowner to Challenge/Effect of Landowner's Disability After disability lifted: 3 yrs. Improvements - Payment of Taxes 20 yrs. Title from Tax Assessor - Note: State laws are constantly changing -- contact a Tennessee land use and zoning attorney or conduct your own legal research to verify the state law(s) you are researching.

Adverse Possession Laws and the Statute of Limitations

It's important to understand adverse possession laws within the context of the statute of limitations. Essentially, the property owner has a certain period of time to bring an eviction action against a squatter, or "continuous trespasser." Once the statute of limitations has run out, the property owner forfeits his or her right to evict and the squatter may claim title. If the trespasser does not possess the property openly, then the statute of limitations doesn't run. Essentially, adverse possession laws ensure that old claims that are difficult to prove don't leave unused land in limbo

- See more at: http://statelaws.findlaw.com/tennessee-law/tennessee-adverse-possession-laws.html#sthash.kMm5JZIh.dpuf

It seems like by telling her she doesn't have to move it now, it means I'm giving her permission and therefore she wouldn't be allowed to claim it. But I'm also not a lawyer nor did I stay at a Holiday Inn last night.

 

[cstu]

The legal way to deal with this is to have a lawyer draw up a temporary easement (until either her or you move).

I would tell her that she has the choice to move the fence or pay for the easement.

 

[[icon]]

if the white pines are in good shape with long stretches of wood you might be able to sell them to a timber buyer brohan they come and cut them and pay you for it i know a bromigo who did that with some white and red pines up north and hardwoods so maybe you can take it to the bank

Make sure they pull or grind the stumps too

 

[Johnny Rock]

If you deal with it immediately she may have recourse against the company that miss-installed her fence. You are doing her a favor by bringing the matter immediately to her attention. I'm sure she no more wants the headaches associated with clearing this up when she sells than would you. Get it straight, in a friendly, cooperative manner.

Do it now and get it straight. Bond over beers as was said. You can both "blame the contractor" so it reduces ill will. No way do you do an easement or deal with it later. Approach her in person and have her acknowledge that it will be fixed. If she's in la la land and doesn't do anything, send a certified letter referencing the conversation.

 

[East Coast Bias]

Two feet seems to be a little too much to let go.

 

[tonydead]

I'm not a lawyer but can't that couple feet of property legally become your neighbor's after a certain amount of years if its on their side of the fence?

This would be my concern. I'd want to feel comfortable with my jurisdiction's property laws on the subject before I'd ever agree to kicking the can on the issue.

It is seemingly covered here:

It may seem odd at first glance, but most states allow squatters to obtain legal title to a piece of real estate if they inhabit that property for a certain number of years. The doctrine of "adverse possession," also referred to as "continuous trespassers' rights," is intended to discourage the abandonment of property by rewarding those who use it. Of course, it's not that simple. In Tennessee, someone may claim title after seven years (or 20 years without color of title) if they satisfy the following requirements:

1. Must enter the land without the owner's permission (hence the term "adverse");
2. Must actually be on the land, using and caring for it as if it were his or her own;
3. Must use the land and/or structure in an open manner (in other words, it may not be secretive or covert); and
4. Must use the land continuously for seven years, without sharing this possession with others (unless it's possession by tenants in common).

It can all get a little confusing, but the following chart outlines some of the law's main provisions.

Code Section 28-2-101, et seq. Time Period Required for Occupation 7 yrs. with color of title; 20 yrs. without color of title Time for Landowner to Challenge/Effect of Landowner's Disability After disability lifted: 3 yrs. Improvements - Payment of Taxes 20 yrs. Title from Tax Assessor -Note: State laws are constantly changing -- contact a Tennessee land use and zoning attorney or conduct your own legal research to verify the state law(s) you are researching.

Adverse Possession Laws and the Statute of Limitations

It's important to understand adverse possession laws within the context of the statute of limitations. Essentially, the property owner has a certain period of time to bring an eviction action against a squatter, or "continuous trespasser." Once the statute of limitations has run out, the property owner forfeits his or her right to evict and the squatter may claim title. If the trespasser does not possess the property openly, then the statute of limitations doesn't run. Essentially, adverse possession laws ensure that old claims that are difficult to prove don't leave unused land in limbo

- See more at: http://statelaws.findlaw.com/tennessee-law/tennessee-adverse-possession-laws.html#sthash.kMm5JZIh.dpuf

It seems like by telling her she doesn't have to move it now, it means I'm giving her permission and therefore she wouldn't be allowed to claim it. But I'm also not a lawyer nor did I stay at a Holiday Inn last night.

That sound about right, one of my neighbors is loosing 6" down his property line because of this exact situation. I'd tell her to remove it off your property and let her work it out with the fence company, this problem is theirs to solve given a certain amount of time before you take action to remove it yourself.

 

[SWC]

if the white pines are in good shape with long stretches of wood you might be able to sell them to a timber buyer brohan they come and cut them and pay you for it i know a bromigo who did that with some white and red pines up north and hardwoods so maybe you can take it to the bank

Make sure they pull or grind the stumps too

and get them to take the stump grindings out for you they will probably charge you the same amount to do that as they do to grind the stumps but believe me best money you ever spent dealing with stump grindings is a colloasal pain in the rear ender bromigos

 

[Otis]

LOL at picking a fight with your neighbor over $80 worth of land, and even bigger LOL at the notion of transacting a real estate deal to sell her that 50sqft for $80. This is shtick right?

 

[tommyboy]

If you deal with it immediately she may have recourse against the company that miss-installed her fence. You are doing her a favor by bringing the matter immediately to her attention. I'm sure she no more wants the headaches associated with clearing this up when she sells than would you. Get it straight, in a friendly, cooperative manner.

this is correct

 

[El Floppo]

LOL at picking a fight with your neighbor over $80 worth of land, and even bigger LOL at the notion of transacting a real estate deal to sell her that 50sqft for $80. This is shtick right?

who what?

I don't want to be too much of a pain in the ###, as it really doesn't bother me, but I'm curious if that's gonna cause a headache when I go to sell it in a few years. Some guy starts griping because the backyards is every so slightly smaller then it should be because of her fence.

 

[Craig_MiamiFL]

Do it now and get it straight. No way do you do an easement or deal with it later. Approach her in person and have her acknowledge that it will be fixed. If she's in la la land and doesn't do anything, send a certified letter referencing the conversation.