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

[cstu]

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.

And what do you guys propose to do if she refuses to move the fence?

 

[MindCrime]

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.

And what do you guys propose to do if she refuses to move the fence?

Sleep with the fence company?

 

[Johnny Rock]

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.

And what do you guys propose to do if she refuses to move the fence?

Let's not get too far ahead of ourselves. But if it was me, and I had a legit survey, I would set up a time to talk so she's not blindsided, give her a copy, explain everything and persuade her to see the light. If she's in denial after a lengthy conversation, I tell her if it's not down in two weeks I'll be tearing it down myself and I'm going to bill her for it at $30 an hour. She'll know by my tone that I'm serious. Then I'd send her another certified letter recapping what we talked about so her memory doesn't get fuzzy.

In the meantime I look up the applicable local or state laws online, search online for others who have dealt with the same predicament, maybe bounce it off a lawyer buddy and the FFA again, and proceed accordingly. I wouldn't start tearing the fence down unless I was absolutely sure I was in the right, followed any notice requirement and laws, gave a final warning, etc.

Like the other fence thread, does she have a permit? Was the HOA involved? Who did the work? Does she want you to talk to the contractor with her? "I just want to get this taken care of in the easiest way possible for both of us so our rights are protected." Keep the conversation positive.

That's just me.

 

[technicaldifficulties]

Cut a hole in her wood fence. It's now your glory hole. If she's home or has guests, someone on her side has to oblige.

 

[Krankie]

Sound like you already installed a fence, so case closed? I would have had them move the fence before hand or offered to sell it to them for a couple hundred (racks?). If you sell, there is paperwork you/they need to file so what's your property + time worth versus what its worth to them...

I've had multiple houses and have found that most the time these really aren't 'honest' mistakes...

 

[omahawildcat25]

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.

You can either make her fix it or you can change your lot lines and she provides compensation for her new land. I am assuming a permit was not filed as the city would have noticed that, although, with government employees, you never know. The contractor that built the fence was responsible for having a survey done, so if a contractor was hired they are responsible for the fix.

If it doesn't bother you that much, you should get in writing that your neigbor knows that they built over your property line and when you sell your home, that information will be given to the buyer and they may ask for the fence to be moved.

 

[omahawildcat25]

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.

And what do you guys propose to do if she refuses to move the fence?

call the city. Tell them your neigbor built a fence without permit and on your property. Simple enough.

 

[VA703]

if its your property I would put a skunk/rat trap on her side and lure them in. leave said animals in trap for her to remove

 

[msommer]

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.

And what do you guys propose to do if she refuses to move the fence?

call the city. Tell them your neigbor built a fence without permit and on your property. Simple enough.

Then proceed to chainsaw said fence

 

[BroadwayG]

Absolutely.

 

[Fennis]

We moved in to a house where the next door neighbor church had built a fence about 18 inches over our property line many years prior.. Since a survey wasn't required when we bought the house, we had no idea, until a neighbor told us. When we sell the tradition will continue.

Not a big deal for us.

 

[Spin]

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.

Sometimes I wonder if people read entire posts, guess not

 

[Spin]

We moved in to a house where the next door neighbor church had built a fence about 18 inches over our property line many years prior.. Since a survey wasn't required when we bought the house, we had no idea, until a neighbor told us. When we sell the tradition will continue.

Not a big deal for us.

I had figured that's how it is gonna go down. I'll let her know she's across the line and it may come up when we sell the house. It'll probably be 10+ years before we sell anyhow. We're done having kids, and it's plenty house for the 4 of us. Unless some job offer requires to move.

 

[Johnny Rock]

We moved in to a house where the next door neighbor church had built a fence about 18 inches over our property line many years prior.. Since a survey wasn't required when we bought the house, we had no idea, until a neighbor told us. When we sell the tradition will continue.

Not a big deal for us.

I had figured that's how it is gonna go down. I'll let her know she's across the line and it may come up when we sell the house. It'll probably be 10+ years before we sell anyhow. We're done having kids, and it's plenty house for the 4 of us. Unless some job offer requires to move.

How it goes down is how you say it goes down. It doesn't just happen. You're going to wait until you sell? If you're selling someday surely you will have more on your plate at that time than wanting to deal with this encumbrance. If I was looking at your house it would be a no-brainier walk away. "Get back to me when that's taken care of," which really means by the time it's taken care of I will have bought another house without the hassles your transaction imposes.

Good luck with the procrastination method.

 

[Spin]

Yah, that's more or less the reason I was asking. Would ~50 sq ft of the back left of your property bother future sellers enough to walk away?

 

[Ditkaless Wonders]

Yah, that's more or less the reason I was asking. Would ~50 sq ft of the back left of your property bother future sellers enough to walk away?

No, probably not, but the problem is it will bother the title insurer and the mortgage lender. Just get it cleared up now, while the contractor is still around, not off in the wind somewhere.

 

[gianmarco]

I don't see how this is even a question at this point. We're not talking a couple inches here. And we're not talking about work done in the distant past. And this isn't about you not being a good neighbor. A mistake was made, honest or not, and it will have an impact on you at some point in the future (minimal or major). The time to deal with this is right now and I have no idea what the hesitation is.

 

[The Big Guy]

I just would assume that your neighbor yelled "Claim" before putting up the fence and have officially annexed your property. No worries, just let them have it, they obviously want it more than you do.

 

[Stuart Ullman]

Yah, that's more or less the reason I was asking. Would ~50 sq ft of the back left of your property bother future sellers enough to walk away?

No, probably not, but the problem is it will bother the title insurer and the mortgage lender. Just get it cleared up now, while the contractor is still around, not off in the wind somewhere.

Underwriters have killed loans for less.

 

[Slapdash]

Yes it is a huge deal. It is your property.

 

[skol asylum]

1) cut a hole in her fence

2) install a door in said hole

3) build another fence on the actual property line 2 feet back

4) enclose the end sides of the fences

5) throw a roof in top

You are now the proud owner of a brand new 2 foot deep storage shed running the length of your back yard. Fill it up and enjoy.