opening in fencing ?

homebody · #1 12/10/14, 08:38 AM

We are looking at a home for sale in TN that is fenced, however there is a 20 foot opening behind the neighbors house (between them and the for sale house) that is completely open where a person can walk or drive onto the for sale property property. For sale property is 10+ acres.

I am assuming that the fencing around the property is the property line so my question is how would we approach the neighbor about getting the barbwire fence put back in place? Their home is accessed just off a major highway so this is NOT an easement situation. They have 1.5 ac., driveway off major highway, house 100 feet from highway.

How do we talk about this with them without making them mad, all we would want is the fence back up and since they took it down, we feel like they should put it back up. TIA

jassytoo · #2 12/10/14, 08:47 AM

When you say it isn't an easement situation is that just an assumption based on the fact they have another driveway? If it is, you need to make sure that is the case legally. We have two easements going into some property we own. Personally, I'd just put the fence up myself. Cheap price to pay for getting along with the neighbors.

Ozarks Tom · #3 12/10/14, 08:57 AM

No need to worry about offending them, just go meet them and ask why there's a hole in the fence. That'll tell you pretty much everything you need to know. It could be the previous owner let them through to ride ATVs. If they claim an easement, it's easy enough to check with the county to see if it's recorded.

If you're going to graze animals, and the easement isn't recorded, just tell them your intention to close the gap. If they object, just say sorry but that's the way it's going to be.

krackin · #4 12/10/14, 09:17 AM

Have your real estate agent check into this. If you don't have one then have the seller's agent investigate it. That is what they should be doing, it is called researching a deed. If there are no agents, research yourself, then go talk to the neighbors.

homebody · #5 12/10/14, 10:17 AM

We've already looked at the deed, no easements mentioned. They were allowed to have a small garden there sometime in the past. Plowed it up, never planted a thing, finally said they really didn't have time for a garden. Owner had to take tractor with loader and level out as much as possible as he took pride in keeping pastures looking good.

Dh doesn't want to say anything as he says that they will be enemies with us if we do.

littlebitfarm · #6 12/10/14, 10:24 AM

I would probably just put a couple cattle panels and tposts in the opening. Less than $100. If anyone asks, I did it to keep the dog from running off.

unregistered41671 · #7 12/10/14, 10:27 AM

All I can say about this is, say exactly what is on your mind and mean exactly what you say. Just be as nice as possible while saying it.

painterswife · #8 12/10/14, 10:42 AM

Make having the fence reinstalled a part of the purchase contract. The owners of the property now either get it done or you don't buy.

CraterCove · #9 12/10/14, 10:49 AM

Yes, have the fencing reinstalled before purchasing. Approaching the neighbors isn't going to automatically make them your enemies... and wouldn't it be nice to find out now if they are the kind of neighbors you want or not?

Address this before purchasing, period.

mmoetc · #10 12/10/14, 10:59 AM

If you're serious about the property I'd go talk to the neighbors myself and talk with them about the options. There might be some beneficial reason to have an opening or gate. Sharing equipment, a shorter path to visit, etc. Talking to them yourself puts you in control. You get to meet and assess the people you will be living next to. You don't have to worry that the seller is going to bad mouth you and poison the neighbor well before you even meet.

Wolf mom · #11 12/10/14, 12:16 PM

From what you've said, it sounds like the opening was for the tractor. 20 ft in 10 acres isn't much and is pretty cheap with any type of fencing. Gotta prioritize your issues with neighbors.

I'd talk to the neighbors, find out the Why, then fence it. I'd also put the 20 ft. fence on MY side of the lot line. That way they can't tie into it.

||Downhome|| · #12 12/10/14, 12:39 PM

First never assume a fence line is the boundry line.
Seldom ever the case.
They may not of been the one who took it down either?
You buy the property you buy any perks and all of the problems.

Its always best to meet potential neighbor prior to committing to a purchase any ways.
Far too many people park their kiesters someplace then think they are going to change the neighbors.

We have had few like that, and well We did not move in next to them, and well they had eyeballs so if they did not like the way our place looked , would of been best to find another spot.

I always felt its up to the new guy to settle in, not for me to change my ways.

The current one was trying to use fences to establish property lines, a tape measure and the official stakes corrected his assumptions.

gwithrow · #13 12/10/14, 12:51 PM

do not buy property without a survey....I could put that in caps....learn from others mistakes, do NOT buy anything without a current valid recorded survey....it could save you a lifetime of migraines....it is more than worth it....then just put up your fence wherever you like....it will not seem unfriendly, ....or put up fencing and a gate there if you like....

let me repeat.....do NOT buy anything without a survey...nevermind what the real estate agent says....they do not always tell the truth...they are supposed to, but bottom line is they want to make a sale.....fences are often NOT on the property line......

do not try to be nice, just nicely say what you mean...be direct and honest...it will go a lot further than trying to guess what their reaction will be when you move in....if they had wanted to buy they property, they could have made an offer.....

myheaven · #14 12/10/14, 01:22 PM

never assume research research research!

GunMonkeyIntl · #15 12/10/14, 01:25 PM

It doesn't sound to me like something that needs to be handled between you and the neighbor at all.

As others have mentioned, the fence may not be on the seller's side of the true property line, but, assuming it is, it is either an issue between the seller and the neighbor, or you and the seller.

It really doesn't matter if the neighbor took it down, as it was done before you owned it. You can either bring it up to the seller and let them duke it out with the neighbor before you agree to buy, or let it go, buy the property and repair it yourself since it will have been that way when you bought it.

rambler · #16 12/10/14, 04:49 PM

1. Make it a condition of the sale.

2. Go visit the potential new neighbors, and ask why the hole is in the fence.... Be smiling and friendly. You -may- get a very different story than you have been told by the seller. That -may- be an eye opener. There are often two sides to a story, I wouldn't blindly trust just one.....

3. Find out if the fence is indeed on the lime, and be prepared to (offer to!) fix the hole yourself, after meeting with the neighbor. It would be a nice welcome to the neighborhood, do your own fence, and not hold a grudge that this darn neighbor goes around cutting down fences before you even buy the place or talk to him..... That sounds kinda judgmental or poor on you. You assume the one side of the story is how it is. And you assume everyone else should fix a fence you will own 50% of. Man up and do your own repairs, its part of being neighbors.

He may be the neighbor from heck, but allow him to earn that title, don't assume it already!

Paul

am1too · #17 12/10/14, 06:57 PM

Quote:

Originally Posted by homebody

We are looking at a home for sale in TN that is fenced, however there is a 20 foot opening behind the neighbors house (between them and the for sale house) that is completely open where a person can walk or drive onto the for sale property property. For sale property is 10+ acres.

I am assuming that the fencing around the property is the property line so my question is how would we approach the neighbor about getting the barbwire fence put back in place? Their home is accessed just off a major highway so this is NOT an easement situation. They have 1.5 ac., driveway off major highway, house 100 feet from highway.

How do we talk about this with them without making them mad, all we would want is the fence back up and since they took it down, we feel like they should put it back up. TIA

For 20 ft of fence you would bother the neighbors. You do not have enough money to buy the place anyway.

When the oil boys came through with their big lawnmowers that could mow a 30 ft tree in minutes broke a fence post, he wanted to sue them for a measly $15 dollars. My neighbor is a complete jerk.

am1too · #18 12/10/14, 07:02 PM

Quote:

Originally Posted by homebody

We've already looked at the deed, no easements mentioned. They were allowed to have a small garden there sometime in the past. Plowed it up, never planted a thing, finally said they really didn't have time for a garden. Owner had to take tractor with loader and level out as much as possible as he took pride in keeping pastures looking good.

Dh doesn't want to say anything as he says that they will be enemies with us if we do.

In my country experience it is a very good possibility. You should listen to DH.

big rockpile · #19 12/10/14, 07:10 PM

Just got through dealing with neighbor using my Drive. It came down to me blocking it off then them putting in their own drive. They are mad at me, not really sure why but I really don't care.

Property has been surveyed and they have no easement.

big rockpile

Muleman · #20 12/10/14, 07:49 PM

Honestly we do not have enough information to make an accurate assessment of what is best for you to do. I do not know if you are buying from an individual or a real estate office? Here is what I would do if it were me. I would go out and look around the property and make it a point to "Run into" the potential neighbors. I would come across as friendly, but inquisitive. The worst thing some one wants is to have a know it all move in next to them. I would come across as genuinely excited to finally get a nice place with a pasture. I would mention how you and your husband are thinking you would like to have a horse or a few cows and how you guess you will have to do a little fence mending as you noticed the fence was missing in a few places. That should lead into some informative conversation. Ask about some local history. people normally like to tell of how long they have lived somewhere, especially to new people as they think it will establish them as having a little more right to the area. They may also be more than willing to tell you a bit about the place. Be appreciative of the information. Find out who built the fence. " me and my husband were talking about how much fence would cost, but really do know what a fence like that one there would cost to build? if they built the fence, they will tell you so at that point, more than likely.

lastly Choose your battles carefully. If after meeting them they seem confrontational or like the fence will cause a problem, ask yourself if the property really means that much to you to live next to a neighbor where you may have a bad relationship. It may or may not be worth it to you. Just don't make it into a " By God I am going to show them" kinda deal, not going to be good for nobody.

I definitely agree in finding the legal boundaries, before the purchase. if the fence has been there a while, it may be the legal boundary, whether it is on the line or not!