Consumer Homes.

Question:

The first thing you need to do is to ascertain positively and without a doubt that the fence is on your property and by how much.  Check your deed and survey for details that might make it easier to locate the legal boundaries.  I know it shouldn’t matter if it’s an inch or a foot, but if you’re right and it is as much as 2 feet or even more, then something needs to be done.  There are many areas where encroachments can become legal after some number of years and you could lose rights to that piece of property, so if you want to do something, it needs to be done soon.  For an inch or 2, I wouldn’t want to start a big to-do since you do have to live in the neighborhood and hostile neighbors can make life unpleasant. There is a principal involved, though, and you need to determine whether it’s worth it to you to pursue.  Then, if it as serious a situation as you seem to feel it is, talk to the neighbor about it.  Obviously, he’s paid good $$$ to have the fence put up and to move it will take more (alot more) $$$$ if you are insistant enough, so he would stand to lose and will not be happy about it.  You really need to inform him about the problem personally and informally, show him where the line is and try to work something out before taking any official actions.  If by some chance he had a provision with his installer about the property line which would make it the contractor’s problem, it might not be such a big deal, but I’d bet that’s not the case.  You might also contact your local town building inspector/code enforcement officer to see if there’s an ordinance or other town provision that covers fencing, encroachment or related problems that might be a route to take if you don’t get anywhere.  You should know if there’s a violation of some sort here that might work in your favor.   If a discussion with the neighbor doesn’t produce any results, you might want to call in the town if there’s any recourse there and let them handle it, but towns usually aren’t that anxious to get involved where health, safety or tax $$ aren’t involved but if there are town provisions that were not followed, that might do the trick.   Finally, and only as a last resort, you can contact a lawyer to see how legally you can get the fence moved. That approach will cost you in legal fees, but if you’re talking several feet, that may be necessary.  The lawyer will probably send a letter to him laying out the problem and threatening further legal actions.  At worst, you might finally need to file a complaint and take him to court to get the fence moved.  That might also involve getting a new survey to confirm the situation legally and court time for some "expert witnesses" such as the surveyer.  In any event, this will probably not be a pleasant situation. Hopefully, it can be resolved without following through all the way to court, but depending how much money your neighbor has at stake, it might come to that.  When we had a similar problem with a neighbor putting in a retaining wall on the line and the underground supports dug 6 feet into our property, it went all the way to a lawyer’s letter to get some results. The town had approved a "wall", but he exceeded the height and a few other minor infractions that the town made him correct, but they were mum on the encroachment which we had to resolve ourselves.  And … it was an interesting situation when we then put in a driveway right next to that retaining wall.  With a fence clearly and excessively on your property, it might be a little easier. – Hide quoted text — Show quoted text -> The neighbor behind my house has put up a fence that I believe is 2 feet > on to my property.  To his credit, the fence was erected by a > contractor, not by the homeowner.   The fence is clearly over the line > where the four homeowners who’s property mets in the back have been > mowing the lawns, setting up gardens, planting trees, etc.  There is a > surveying stake buried in the ground that I’ve yet to find, but I will, > that clearly points out the property line.  What should I do in this > situation?  What are my rights?  Two feet may not sound like a lot, but > I paid for the land, and I pay taxes on the land, and I feel I’m > entitled to not have my property fenced inot the neighbor yard.

Response:

>>Go see a lawyer. …. >go see a lawyer? no mention is made of talking with the neighbor. Based on >the neighbors mowing lawns, planting trees etc. , it doesn’t appear to be a

Good advice was offered – always try to discuss the situation first; best advice being to offer to split the fee for a survey of the property lines. Other items to note: 1) Call around; you should be able to find a property lawyer who will give you an initial consultation (and estimate of costs involved) for free. 2) If the neighbor’s fence IS on your property line, and you don’t do anything about it, in 5-10 years it may not be your property anymore. 3) If the neighbor’s fence was, say, 6" on your property, and you don’t care enough to make him move the fence, talk to the county about property lines – there will be ownership, liability, and tax issues. Whatever you do, do *something* – property and liability are too important to be uncertain about. Philo

Response:

Hire a LICENSED land surveyor and have your property staked (bright orange stakes) out.  He will start to get the idea when he sees a stake on the other side of the fence (my neighbor did). After the stakes prove your hunch, knock on your neighbors door and tell him you would like his help in removing his fence on your property.  (Have an extra copy of the survey for him).  I don’t think you need anyone’s permission to remove something placed on your property.  If he threatens you when you remove his illegal fence then summon the police. This is what I did, and my neighbor didn’t disagree with my actions. > The neighbor behind my house has put up a fence that I believe is 2 feet > on to my property.  To his credit, the fence was erected by a > contractor, not by the homeowner.   The fence is clearly over the line > where the four homeowners who’s property mets in the back have been > mowing the lawns, setting up gardens, planting trees, etc.  There is a > surveying stake buried in the ground that I’ve yet to find, but I will, > that clearly points out the property line.  What should I do in this > situation?  What are my rights?  Two feet may not sound like a lot, but > I paid for the land, and I pay taxes on the land, and I feel I’m > entitled to not have my property fenced inot the neighbor yard.

– The views expressed in this letter are not necessarily those of the Public Awareness Coalition http://www.netcom.com/~wooffer/main.html

Response:

Twas brillig, and J McDugle scrobe: >The neighbor behind my house has put up a fence that I believe is 2 feet >on to my property.  To his credit, the fence was erected by a >contractor, not by the homeowner.   The fence is clearly over the line >where the four homeowners who’s property mets in the back have been >mowing the lawns, setting up gardens, planting trees, etc.  There is a >surveying stake buried in the ground that I’ve yet to find, but I will, >that clearly points out the property line.  What should I do in this >situation?  What are my rights?  Two feet may not sound like a lot, but >I paid for the land, and I pay taxes on the land, and I feel I’m >entitled to not have my property fenced inot the neighbor yard.

Go see a lawyer. IIRC there are rules of "adverse possession" whereby if he uses your property for a certain number of years without any complaint from you, it’s like you were allowing it to happen and he can actually get title to the land. Two feet ain’t much, but like you said…it’s your two feet. If the contractor did it on his own, it’s his mistake and IMHO he should fix it at his own expense.  If the homeowner instructed him, however… I’m not a lawyer, I don’t play one on tv.  My bro-in-law is a lawyer and he doesn’t even mess with real estate laws.    You’d best get help. — You can’t go home again, unless you set $HOME.                

Response:

>Twas brillig, and J McDugle scrobe: >The neighbor behind my house has put up a fence that I believe is 2

feet….To his credit, the fence was erected by a >contractor, not by the homeowner.   ….>>where the four homeowners who’s

property mets in the back have been >mowing the lawns, setting up gardens, planting trees, etc. >Go see a lawyer. ….

go see a lawyer? no mention is made of talking with the neighbor. Based on the neighbors mowing lawns, planting trees etc. , it doesn’t appear to be a boundry dispute. Save the legal bill, Try talking to the neighbor first. One bit of advice – don’t be demanding or accusatory. Use something like, gee I always thought the line was here? Did you find the missing marker? Offer to split the cost of surveying the lot line. I had a relative sell their home of 30+ years, after spending $??,???.00 (Atleast 8000) on legal bills and spending a year fighting with their neighbor of 30 years(formerly a friend) over 12" of driveway. Once tempers and anger got involved neither would give in or work with the other. Point is – the line is where it is. Have it located. You both could be wrong? Try to work it out, first. — Herb Farnsworth H.H. Farnsworth Company Inc. General Contractor http://www.hhfarnsworth.com

Response:

The neighbor behind my house has put up a fence that I believe is 2 feet on to my property.  To his credit, the fence was erected by a contractor, not by the homeowner.   The fence is clearly over the line where the four homeowners who’s property mets in the back have been mowing the lawns, setting up gardens, planting trees, etc.  There is a surveying stake buried in the ground that I’ve yet to find, but I will, that clearly points out the property line.  What should I do in this situation?  What are my rights?  Two feet may not sound like a lot, but I paid for the land, and I pay taxes on the land, and I feel I’m entitled to not have my property fenced inot the neighbor yard.

Response: