How would you handle this ?

Ruby · #41 03/08/10, 04:01 PM

I did not read all the replies to this, but this is my take on the problem. I think a good relationship with your neighbors is worth much more than 6" of fence line. If it were me I would bake them some bread or take them a dozen eggs and welcome them to the neighbor hood.

CarolynRenee · #42 03/08/10, 04:23 PM

I don't think that there is anything wrong with having something written up about the fact that the fence is over the property line. And, I don't think you should be labled as "nit picky" or "city-folk-minded" either.

A survey is a survey. If there were another survey to be done & it was found to be in error, then fine. But it is your property, even if it is a teeny-tiny six inches.

More importantly, I think, is that you should be able to have this conversation with the old and / or new neighbors without it being construed as you being a "bad" neighbor. I, for one, would be gald if I were the one moving in to a new place, to be told of an encroachment I had on another's land.

Talk about it, AND bring fresh bread over. If you can't have this conversation about such a "small" thing, how many other discussions will you avoid just to keep peace?

There is absolutely nothing wrong with honest, friendly communication between neighbors!

luvrulz · #43 03/08/10, 04:28 PM

Quote:

Originally Posted by Micahn

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 ?

It's only 6 inches and even if the guy on the other side takes another six inches - so what? It's only six inches and you have how much land? In the overall scheme of things, it's nothing and in the face of being a "good" neighbor, as you are so concerned about - rather than the BUTT headed neighbor, keep your mouth shut and burn the pictures you took. If you weren't so worried about it - you wouldn't have taken the photos. It's nothing in the face of good neoghbors. We have a creek and our property line goes to the opposite side of the creek. The adjoining neighbor seems to think that the property line is in the middle of the creek... So what? It's land that is steep and can't easily be used - so what? Is it worth blowing a big stink about it? Naw - better to be a good person and bring them a batch of cookies and if something can be worked into the conversation sometime down the road, you might mention it... Otherwise, you'd be a butt head!

luvrulz · #44 03/08/10, 04:33 PM

Quote:

Originally Posted by Natalie Rose

If it were more I would worry about it but 6 inches only part of the way down the property is really no big deal.
I mean even if things did go really bad and you had terrible neighbors what has the 6 inches got to do with it?
What can they possibly do with those 6 inches of land?
I really cannot understand what them being horrible neighbors has anything to do with this.
So if they are jerks you want your 6 inches but if they are nice its okay?

I do not own a ton of land, just a regular backyard.
My next door neighbors have their fence on almost 4 feet of my land.
They ran their fence over to mine so it abutts my property.
Big deal.
They know it, I know it and they offered that when they sell the house they
will move the fence or if I want to put up my own I can remove their's and run mine down the property line at any time I want.
I am happy with that arrangement.
The reason for this was due to the amount of trees in between the properties and how many would have had to be taken down in order to put in the fence at the time I installed mine.
I could not afford the fence and the cost of taking down all those large trees so we ran it inside the property.
There are big granite posts in the ground marking the land.

My back fence is on my neighbor's property by probably 6 inches as well.
I had just moved in and having 3 toddlers I wanted to put a fence in.
The day the owner of the fence company put it in he realized he was over the line when he was part way through the installation.
He stopped and was looking at the boundries when the owner came out and said he was watching and he realized what the problem was and wanted to come out and assure him it was fine.
He said, bah, who cares its just a few inches of what.. dirt, grass? Its just a little land what does it mean, go ahead and finish the fence there are no worries here.
We are still very close with the gentleman and I think the world of him.
I can tell you that we spend alot of time talking over that back fence.

You really should not let this bother you, even for the principle of it.
It is just to minute and honestly if anyone ever came over to me and complained about 6 inches I would not become friendly with them because it says alot about them and I would just assume they would always be trouble.

And I would agree with her too - if you start out being a headache - you will always be a headache!

ChristieAcres · #45 03/08/10, 05:02 PM

Here in WA, that can result in a cloud on Title, as was mentioned. When neighbors fence on the next door neighbor's property, it can become the neighbor's fence, if the 1st neighbor is notified. If we are only talking about 6 inches, with a value that low? I'd ask them to do a "boundary line adjustment" to make it legally the property line. Why? Erases any cloud on Title. In a property I listed, that blew a purchase. A neighbor encroached, so the Buyer walked.

When I married DH, I found out his neighbor was using one side of the property and had encroached with permission (her driveway is on our property there). So, what I am going to do is approach her to sell her the strip of property for a reasonable fee, and then require she pay for the boundary line adjustment. That will erase clouds on both property Titles. We plan to sell that property when the market gets better.

Big Dave · #46 03/08/10, 05:14 PM

Get a mantis tiller. Till the property line and plant flowers. The fence is on your side and so are the flowers. Hey have the new folks if they want to help plant the flowers and explain to them where the bounderies are.
My neighbors fence was 1 inch off line along the road. Other grumpy neighbor took him to court and was made to move it off the right of way. Tempers have flaired and guns were in play. Needless to say it quite interesting living on the RIDGE.

fantasymaker · #47 03/08/10, 10:28 PM

Wow there are a LOT of people here who just dont seem to value doing things right.I suppose more than anything the crooked nature of the fence bothers me.
Whats the big deal about six inches? Well just let someone get hurt on that fence and find out.

ChristieAcres · #48 03/08/10, 11:27 PM

fantasymaker- Go read my post. If you have anything on your property, you can be held liable. However, the OP wanted to know what to do. I recommended to actually get a boundary line adjustment so he DIDN'T OWN the property the fence was on. If anything is on my property? I'll ask the one who put it there to kindly remove it. But, easier to do when it happens during your ownership. After the fact, to find out, better to either ask to move it OR get the boundary adjusted. I don't allow people to use my property to hike to another one or anything else. Recently, we put up "No Trespassing" signs. The reason has more do with liability than anything else, also I refuse to be held hostage to any who think they suddenly have a legal right to cross or use any part of our property. I can totally understand the concern about people getting irate if asked to move a fence... However, something should be done. I wouldn't ignore it.

luv2farm · #49 03/09/10, 08:13 AM

Quote:

Originally Posted by uncle Will in In.

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?

Not necessarily in the state if TN. It depends on who paid for the fence, who did the work, and if both land owners were aware of the incrochment. Know the difference in a "line fence" and a "property fence". The terminology could determine who owns the fence (posts, wire, gates, etc), and who could eventually own the land it sits on. Been there, done that!

Natural Beauty Farm · #50 03/09/10, 02:49 PM

Wow, I don't think I could ever build a fence "exactly" on my line. Does that mean I gave up x # inches around 25 acres when I threw up a fence for my goats or that I stole someones land because I used a tree when I ran out of posts and the fence dips in a bit? Naw, I get the best leftovers after big family get togethers and we watch out for each other. Neighbor on the other side built his house too close to the line or so the "new county survey" says.... I own 1/2 his house and his nice back deck and 1/2 the swimming pool. We just grin when we get together and talk about the weather. Life is too short to get upset about 6" or 6'. I'd rather have friends.

Ohh and here we have a 2' leeway for fences.

Navotifarm · #51 03/09/10, 03:51 PM

I second Christie on this one! Hers is the best advice here regarding clouds on title, liability and other issues also it's just plain common sense. The error should be fixed intelligently and responsibly so it is not perpetuated and makes big trouble down the line in the future for you or your heirs as selleror for this buyer and their future buyers. Somebody is going to have to pay for the quiet title legal process eventually.

luvrulz · #52 03/10/10, 10:31 PM

But you don't want to make a big hairy deal out of it - or they WILL think twice about a friendship and being good neighbors.... What difference would it make if you were right if there were constant years of bickering over what started out as a 6 inch difference in the fenceline?

ronbre · #53 03/11/10, 07:57 AM

we had that problem here..an ancient fence crossed the line..too far one way at one end and the other way at the other end..we had it surveyed..and marked..and we immediately tore down and moved the fence so our fences is just inches inside our property..that way they don't OWN our fence..also made it so we can repair it from our side and don't have to tresspass to repair the fence..screws on picket panels attach frrom our side "this time"