Reply
Valued Contributor
Posts: 739
Registered: ‎07-12-2011

Isobel,

The fence was a quick job and we were not here at the time.  This neighbor has some issues with anger management and the police have been to their home for domestice issues in the past so we are "careful" with them.  Thanks for your reponse.

Esteemed Contributor
Posts: 7,247
Registered: ‎09-24-2011

Happened to me - well actually my parents' property which is in my name.  When I moved into their home, had the property surveyed.  When installing a fenced-in yard for my furbaby had to move a bunch of shrubs.  At that time had the landscaper take down the offending fencing and leave it on their property.  Someone new had moved in, but wasn't around at the time - or d/n answer door when we went over to inform them - anyways, nothing was ever said. 

 

And the shrubs are growing really tall, so it blocks off the properties nicely - previous owner also cut down trees that shouldn't have been felled. FYI:   Landscaper informed me that actually I could have kept the fence had I wanted to:  since it was installed on my property, it was mine.

Esteemed Contributor
Posts: 7,809
Registered: ‎12-24-2010

Hard feelings or not - get the property line settled now because after "X" number of years - your property will belong to them.  Their fence will be grand-fathered in and you'll have no recourse.   You are a smart cookie to act quickly.

Super Contributor
Posts: 283
Registered: ‎03-22-2015

Find a way to address it now. My parents said nothing when their neighbor installed a sprinkler system that went a full two feet onto their property, all the way down the property line.  

 

In our area, someone can claim ownership of someone elses property if they have maintained that part for over 7 years.  It was a rude awakening for my parents who wanted to install a drainage ditch/dry river bed in that area.  The neighbors claimed that portion as their own and actually won because their sprinklers were there and my parents said nothing.  It has been several years, but I'm still peeved that they got away with it.

 

You might want to check and see what the laws are in your region. If enough time goes by without doing anything about this, it is more than possible that the neighbors can claim that property as their own.  If the survey does show that the fence is on your property, do not let it rest unless you are okay with giving up that land.

Esteemed Contributor
Posts: 7,247
Registered: ‎09-24-2011

@itsmagic wrote:

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. 


@itsmagic

 

In my town, a permit is required if the fence is over six feet high.  Ironically, no permit required when fencing property line; thus, lots of people just put up fences without haveing the property surveyed; think, when they seem not to have enough land this happens too.

Respected Contributor
Posts: 4,373
Registered: ‎04-04-2015

@Gayle2 wrote:

Isobel,

The fence was a quick job and we were not here at the time.  This neighbor has some issues with anger management and the police have been to their home for domestice issues in the past so we are "careful" with them.  Thanks for your reponse.


Uh Oh.  So sorry to hear that.  Really hope it all works out for you.  Maybe the happiest outcome would be find out it's actually on their property.  Anyway - good luck!

Honored Contributor
Posts: 12,316
Registered: ‎03-09-2010

@Gayle2...we had this issue at our house.  The neighbor just put a fence up one weekend, with out asking about property lines. In our subdivision there is a easement....room for the city to get in between the house in case of uitlity issues....and nothing can be built in that area.

 

While the neighbors fence was not in the easement it was close but it was on our property. My husband just politely told him the fence was on our property and he promptly moved it back....thank goodness, there were no issues.

Trusted Contributor
Posts: 1,911
Registered: ‎03-10-2010

Did they put the fence up themselves or did they hire a company to do it?  Hopefully it was a company---then the company will have to correct it.

 

In our state if someone encroaches on your property and nothing is done to correct the situation, after a certain number of years (I believe it is 10), the encroached property then belongs to them and no longer belongs to you, so I would definitely check this out.

 

By the way, I recently bought a house and gave up putting an offer in on a house I loved because just by looking you could tell that the sitting area on the property that I wanted was clearly over the lot line and I was not about to absorb the cost of correcting the situation.  Maybe years ago neighbors were more laid back about sharing space, but it doesn't seem like that and you want to avoid having a problem when you are trying to sell your house.

“I can do things you cannot, you can do things I cannot; together we can do great things.” St.Teresa of Calcutta
Honored Contributor
Posts: 69,391
Registered: ‎03-10-2010

In my municipality,  when someone wants to build or even replace a fence, neighbors whose property abuts the fence must sign off on it before a permit is issued.  Prevents a lot of misunderstandings.

New Mexico☀️Land Of Enchantment
Honored Contributor
Posts: 43,246
Registered: ‎01-08-2011

In our neighborhood, everything has to be approved by a committee and no fences can be visable from the street.