topic Re: Property Boundary Issue in Among Friends

Property Boundary Issue

Gayle2 — Fri, 22 Apr 2016 18:24:42 GMT

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.

Re: Property Boundary Issue

Karnerblue — Fri, 22 Apr 2016 18:36:03 GMT

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.

Re: Property Boundary Issue

Puppy Lips — Fri, 22 Apr 2016 18:44:06 GMT

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.

Re: Property Boundary Issue

Gayle2 — Fri, 22 Apr 2016 18:45:35 GMT

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

Re: Property Boundary Issue

itsmagic — Fri, 22 Apr 2016 18:54:34 GMT

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.

Re: Property Boundary Issue

GCR18 — Fri, 22 Apr 2016 18:59:13 GMT

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.

Re: Property Boundary Issue

Isobel Archer — Fri, 22 Apr 2016 19:02:37 GMT

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.)

Re: Property Boundary Issue

hopi — Fri, 22 Apr 2016 19:05:48 GMT

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.

Re: Property Boundary Issue

millieshops — Fri, 22 Apr 2016 19:04:58 GMT

@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.

Re: Property Boundary Issue

Nightowlz — Fri, 22 Apr 2016 19:08:18 GMT

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.

Re: Property Boundary Issue

Gayle2 — Fri, 22 Apr 2016 19:10:48 GMT

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.

Re: Property Boundary Issue

eddyandme — Fri, 22 Apr 2016 19:11:31 GMT

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.

Re: Property Boundary Issue

fthunt — Fri, 22 Apr 2016 19:11:42 GMT

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.

Re: Property Boundary Issue

Anita Hug — Fri, 22 Apr 2016 19:12:50 GMT

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.

Re: Property Boundary Issue

eddyandme — Fri, 22 Apr 2016 19:15:39 GMT

@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.

Re: Property Boundary Issue

Isobel Archer — Fri, 22 Apr 2016 19:17:33 GMT

@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!

Re: Property Boundary Issue

Mom2Dogs — Fri, 22 Apr 2016 19:36:40 GMT

@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.

Re: Property Boundary Issue

wismiss — Fri, 22 Apr 2016 20:14:41 GMT

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.

Re: Property Boundary Issue

Kachina624 — Fri, 22 Apr 2016 20:34:48 GMT

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.

Re: Property Boundary Issue

ECBG — Fri, 22 Apr 2016 20:39:49 GMT

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