How would you handle this ?

Micahn · #1 03/05/10, 04:26 PM

Howdy all
We moved into our new place a few months ago and one of the selling points was the wonderful neighbors that would have. They was a very nice older couple that took great care of their place and was very helpful to us newbies.
The sad part is a couple of months after we move is they find out he has bone cancer :-( so they decide to move closer to their son.
Now here is the part this whole thing is about, The back side of their fence is over the line about 6 inches. The fence is like 350' long the front is right on the line and by the time it gets to the back it is 6 inch over the line. The line is clearly marked by a metal pole that sticks up a few inch above grade and has a yellow cap on top at each corner.
Now with these nice people I was not worried about it when we bought the place as they are I talked about it so it was a known thing from the start. They had the fence built by someone.
But now that they are selling the place I am not sure what I should do about it. I have not met the people buying the place yet as they are still in the inspection stag and such (guy was there yesterday inspecting).

It does not worry me that the fence is a little on my land as long as it is known by all. But if it is left there for so long if I am not mistaken it will become their land is that right ?

So what would you do ?
Just talk to the new owners about it ?
Make them move the fence?

I would hate to be the butt headed neighbor that made them move their fence as soon as they buy the place. I want to get off on the right foot as a friendly neighbor and all.
But what I am worried about is someone not nice moving in and we not getting along, Then what happens ? I can see it now becoming a battle over the line.

On a side note I went out today and took pictures of where the stakes are just in case someone tries pulling them up and moving them. They had a survey done the other day and the guy put nice pink flags as each of their corners.

ozark mike · #2 03/05/10, 04:33 PM

six inches??? get real

Shepherd · #3 03/05/10, 04:44 PM

I'd contact the current owners (the ones you've made friends with) first to see how they are doing and let them know you were concerned about them. Ask them if there's anything they've thought of that you can handle for them in their absence. Then bring this subject up and make sure to ask if they'd handle it with the realtor. Then contact the realtor after a reasonable amount of time to make sure it was handled.

You didn't say when the surveyor put up his flags... did they agree with the metal poles you say are the property lines?

DENALI · #4 03/05/10, 04:48 PM

Well, i would think if its on your property its your fence regardless of who built it.

blooba · #5 03/05/10, 04:54 PM

If you acknowledge it is your property they cannot claim it. Most people in your situation will send a letter to sell that piece of property to the owners. If they want it then fine if not they cannot claim it for (I believe) 10 years.

Micahn · #6 03/05/10, 04:55 PM

Quote:

Originally Posted by ozark mike

six inches??? get real

I know 6 inches is not much at all, That is why I say I really do not care if it is there as long as they know it is my land it is on.

But if I just let them have it and someone on the other side takes another 6 inches or more should I keep quite as well ?

Micahn · #7 03/05/10, 04:56 PM

Quote:

Originally Posted by Shepherd

You didn't say when the surveyor put up his flags... did they agree with the metal poles you say are the property lines?

yes they did agree the little flags are right at the post things.

o&itw · #8 03/05/10, 05:13 PM

In many places a border fence that stays in place over 7 years is considered (legally) the boundry. You probably need to make a decision if that 6 inches is going to be a problem for you if it becomes their's. If you it is, you might want to buy a half an hour of a lawyers time and see what the law and options are in your particular area. I might also add, that in many places, if they build a new fence on the property boundry, you are responsible for half the cost. It migh be worth building the new fence yourself.

uncle Will in In. · #9 03/05/10, 05:21 PM

If the front of the fence is on the line, they do0n't have use of any of your land. What kind of fence is it. does it have posts that make it 6 inches thick or what. If the posts are on your property, it is your fence. What would they be claiming as their property?

upnorthlady · #10 03/05/10, 05:49 PM

I don't think I would worry about 6 inches!! I never heard of a survey that was exactly right on the exact line...........also, I wouldn't worry about things that haven't happened yet! Rather than worry about the 6 inches, maybe wonder how they will like a 350 foot fence? Out here where I live and everyone has big acreage, we don't even worry about 20 feet! Six inches????? I certainly wouldn't worry!

SquashNut · #11 03/05/10, 06:04 PM

Not a good way to make freinds. My brother was shot and killed over a fence that was 6 inches off.leave it alone.

rambler · #12 03/05/10, 06:16 PM

I'd mention it, and leave it be. If it needs moving, I'd say it's on your proprtyy, you move it.

I tend to be kinda nitz about this tuff too, but - you are losing an average of 3 inches along the whole line, I donno if I'd ever really get into it. That's about the width of a good wood fence post, kinda hard to be that percise.

Get on good terms with them first, mention it in passing, see how they react to it.

If you march over the day they move in, and start talking about the fence being off 6 inches and has to be moved.....

I think you would end up with a rather cool relationship.

It would be worth the risk to me for several feet, but for 6 inches..... I'd rather have a good pleasent start with new neighbors first, and worry about just 6 inches down the road a ways.

--->Paul

fishhead · #13 03/05/10, 06:30 PM

If I bought a place and my new neighbors came over to talk about 6" on one end of a 350' fence I would keep them at arms length. There are far more serious things to be concerned about than that.

JJ Grandits · #14 03/05/10, 06:40 PM

My neighbors barn sits 2.5" on my property. On the other side my neighbor who started a catering business had to run a 220 line to the kitchen he built The line was buried and went from the pole along 50' of my property then to his house. My attitude on both of these situations is , Who cares? It sure aint me.

farmergirl · #15 03/05/10, 06:44 PM

With respect, I suggest approaching this with a "pick your battles" attitude. Let it go. If you had a tiny, tiny, tiny little side yard next to your house where a 6 inch difference in the fence line MIGHT make a difference that would be something to consider discussing with the neighbor. As it sounds to be, that is not your situation.

Let it be.

quietstar · #16 03/05/10, 07:18 PM

Hey Micahn:
Any title company examiner will find that a boundry dispute exists on that line. This will create a minor cloud on the property title of each tract. Simple and friendly solution is to have a boundry line agreement drawn up using the survey field notes. Happens all the time and this will provide a simple, low cost solution since you say "no big deal"...Glen

65284 · #17 03/05/10, 07:18 PM

If my math is correct you are talkin about an average width of about 3 inches, or 87.5 square feet or .0020 of an acre. Even if the land was worth $10,000 per acre that amounts to about $20.00. Do you really want to chance getting off on the wrong foot with a new neighbor for $20.00? I would just leave it alone and not even mention it.

byexample · #18 03/05/10, 07:24 PM

I wouldn't bother with 6". And as others have pointed out... if the fence is on your property then the fence is likely legally 'yours'. When in doubt get an informed legal opinion. Laws on these sorts of things vary from state to state.

Old Vet · #19 03/05/10, 08:28 PM

The thing to remember is that who ever put the fence up might have done on purpose. Had a dispute with his neighbor and put it up so that it will be on his property and the neighbor can not make him to it down. The best thing is to become friends with the new neighbor and don't mention it. The fence on the pack of my property is 30 feet over on my line and the front is 30 feet over his line. We call it being good neighbors. We all know what is what and when the surveyor comes out and finds where the true border is that is what you own and what the neighbor own. I have seen some people go to the court and claim land that is not theirs but usual they loose and spent money that you can buy that amount of land for.

||Downhome|| · #20 03/05/10, 08:51 PM

Adverse possession is what your talking about.

http://en.wikipedia.org/wiki/Adverse_possession

send them a certified letter,and a copy to yourself, stateing that
you are aware and have been aware as where the previous owners also made aware that the fence (describe the part thats on your property point A to B) was errected on your property,in good will you took no issue with the fence and allowed it to stay and this letter is to extend and continue the permission that you extended to the previous owner in good will. should it become of issue or interfere with the use of your property you reserve the right to revoke the said permission with full redress.

most places this would be more then acceptable to insure your property rights though there are places that are kinda funny with the adverse possession.