Among Friends

[Gayle2]

Hello All,

There is always a wealth of information on these forums so I thought I would toss this out.  Our neighbor recently built a fence in between our properties.  We had no knowledge that this was his plan.  They did not have a survey done and by visual inspection it looks like about a  third of the fence is on our property.  Anyway, we are taking steps to verify this (surveyor coming out today).  With that said, has anyone had this happen to them and would you mind sharing your story as well as what all you do to rectify the issue. 

[Karnerblue]

The problem is people don't bother to check out the rules for this kind of thing in their community.  Our neighbors didn't even know where their property line began and ended and they took it upon themselves to butcher the shrubs and flowering plants dividing our property, and they belonged to us and it was on our property.  They completely ruined a beautiful rose bush, a burning bush, and the forsythia trees.  I was sick. After much complaining my husband finally took the deed and showed it to them.  After that, the bossy woman that moved in with the neighbor guy decided she would park as close as she could to the line and ran over what was left of the flowers. 

[Puppy Lips]

All I know about this is that the fence has to be entirely on the property owner's property, and not be over a neighbor's.  That being said, I would think that a survey would be required by the city before it was built.  If they did not do that, and it turns out that they are infringing on your property, I would make them move it over.  It may cause some hard feelings, but you have to protect yourself and the value of your property.  It could be an issue if and when you decide to sell, so it is better to correct it now.  Good luck.

[Gayle2]

Thank you so much for your response.  So true, better to deal with it now vs. kicking the can down the road.

[itsmagic]

In our state, a homeowner has to obtain a permit from their township before building a fence.   I'm not sure if that is the case in every state but if it is in your area, you could call your township or governing authority for fences and check to see if your neighbor obtained a permit before installing their fence.  The township or governing authority might also be able to assist you if the fence is truly on your property. 

[GCR18]

I think my neighbors put their invisible electric fence on my property.  Since you can't see it and their dogs don't stand on the edge I didn't say anything.  I likely would have if you could see it.

[Isobel Archer]

Do you know them at all?  Is it possible to resolve this amicably?

Were you home when they were putting up the fence?  I ask because if so and it appeared at the time to be on your property, they might well ask why you waited until it was finished to talk to them about it.

I only mention that because, while if it is on your property, you certainly have a reason to be upset, you might want to appreciate that it is going to cost them to move it and if that could have been avoided, they might also have a reason to be upset (and yes I fully understand that they should have had a survey done first, but maybe they are clueless.)

[hopi]

Many area's require a permit to put up a fence and they have to call out the city for lines to be drawn for water, gas, cable, phone etc.  They also have to stay  so many feet away from your property.  Each area is different but you need to get it checked out with your city hall.

Clueless or not if you want to sell your property your buyers would not be pleased.  Whoever put up the fence knows better.

[millieshops]

@Gayle2@Puppy LipsSo right about the boundary issue when it comes time to sell.  I had that experience.

I owned an old house in an old neighborhood, and because I took over the previous owner's mortgage, the bank never asked for a new survey and I (probably foolishly?) skipped that step when I bought.

Fast forward 28 years and I'm ready to sell.  My buyers are getting a new mortgage so all kinds of inspections and surveys as you would expect.

Turned out that for well over 50 years the old detached garage on the neighbor's property extended 2 inches (yes, that's right) over the property line.  The neighbors had to sign a document for the bank that they would not lay claim to those inches.  Didn't mean anyone but them could touch that garage roof, but still they were really hesitant to sign.  No one needs that extra stress at selling/buying time.

 My story had a happy ending, but I wouldn't count on that, especially if the intrusion is at ground level or larger than mine was or relatively new.  I'd take care of it now.

[Nightowlz]

If it's on your property & don't want it there you can show them the report & ask them to move it. If they refuse you would have to take legal action. When we bought this house there was a fence on one side & a chain link fence on the other side with nothing across the back. We installed a fence across the back & the side with the chain link as we wanted a privay fence with the pool. We had ours surveryed for some reason & it shows our fence at the back at the east end is a little in the yard behind us. We just connected to the back fence that was already there on both sides & never checked it when we installed it. So we know the neighbor on the east side of us has their back fence in their neighbors yard. Nobody has ever said anything.

I don't know if you need a permit here or not to put up a fence. We did not have one.