fence issue with neighbor... (sale, insurance, attorney) - Dallas - Texas (TX) - City-Data Forum

noltian · 02-29-2016, 01:01 AM

I recently had new fence installed using mostly existing fence line. Per my neighbor and their survey, my new fence is around 2-5 inches into their property. The new post is around 1/8 to 1/2 inches into their property too. The fence is about 5 feet from their house. it's like a service passage way to A/C units. It's not part of their lot or backyard. it seems even old fence was using their property by 1/8-1 inch.

it looks like this.

----------------------------------------------------wall
A/C A/C tree(8-10 feet)
---------------------------------------xxxxxxxxx new fence
---------------------------------------------- ( the length of the old fene)

Their concern is possible issue when they sell the house.(per my realtor ,it gotta be very picky person to complain about 2-4 inches and won't matter for selling). Also, their major concern is that A/C tech or lawn mower can't pass very well from the front of the house since they have a tree in the passage way and 5 inches matter per them as described. Ah..They probably now have the issue because I extended my fence about 2 feet from the original within my property line.

I am a little embarrassed that 2-4 inches would cause this kind of issue. In fact the other side of my neighbor uses that much of my property for their fence. I just don't care because it's not the land anybody will need/use on that side of the house and it's not worth a trouble. Well. I understand people have different tolerance level and culture...Okay and I admitted to them it was my fault regardless. I never knew I had to look at survey to put up a fence. but ...Anyway. I learned.

I asked them if I can flip the section the fence( x marks) where their tree is placed and their lawn mower can walk. It will not correct entire fence but will remedy some but then it will still use their property about 1/8-1/2 inch possibly . I also suggested I can trim/cut the tree so that they can walk freely. It's not my fence blocking but it is actually their tree blocking to walk. The other side is wide open. For now, they are okay to flip one section of the fence and I hope that settles it.

I guess It may be retaliation from the issue I had with them before. I honestly don't understand 2-4 inches would matter to them...since it's not the land they ever use for their daily life.but I understand it's their dirt..yes..and it's up to them to do what they own.

My questions

1. Can it be considered an agreement between me and my neighbor for what they are okayed for now?

I just don't want them to change their mind and asked me to move all posts to be totally my property in the future. The contractor I hired for new fence is not willing to move posts but he will help flip the fence only. It's not a good size fence company. So... I really hope one change I am making will settle for good.

2. is there any allowable mistake since it is just a few inches and they don't even lose several square foot and it's not the land they even use for daily life. I need to work with them but just want to know my option.

3. In case I can't work with them any longer and refuse to make any changes, what's the possible legal issue I can face?

Overall, I don't have any issue with this neighbor and want to live in peace.......

Threestep2 · 02-29-2016, 05:47 AM

Please correct me if I did not understand the gist of your post - you installed a fence on your neighbor's property?

noltian · 02-29-2016, 06:56 AM

Quote:

Originally Posted by Threestep

Please correct me if I did not understand the gist of your post - you installed a fence on your neighbor's property?

It is not completely in my property. part of my fence is on theirs

MckinneyOwnr · 02-29-2016, 07:15 AM

If they say they are ok with you flipping the fence, then do it. Then get an agreement in writing from them saying that this solves the issue.

It's not a question of whether they are "using" that part of their land or not. The issue is that it could make selling their home more difficult in the future, through YOUR actions. Frankly, I'd be asking for monetary compensation if you built a fence on my property, especially if a landscaping crew can no longer do their job because your fence blocks access.

CSD610 · 02-29-2016, 07:15 AM

Did you follow the allowed distance stated by City ordinance when it comes to the number of feet away from the property line a fence has to be? You are mistaken and any structure should never be placed on a neighbors property for any reason, no matter how small that amount of property is. The part of the fence that is on their property should be moved in my opinion, what you have to do legally is a matter for an attorney to guide you toward the proper legal resolution.

noltian · 02-29-2016, 07:28 AM

I'd be asking for monetary compensation if you built a fence on my property, especially if a landscaping crew can no longer do their job because your fence blocks access.[/quote]

Perhaps , that is the part I don't understand from their perspective. Landscape crew can do their joby if the tree will not block the passage. Even if new fence is completely within my property, the issue will not remedied until they trim tree. 5 inch more..that is smaller than my palm...

Thanks for response. like I mentioned my other neighbor did what I did with their fence. Perhaos I am too insensitive in this kind of matter.

DitsyD · 02-29-2016, 07:43 AM

Permit didn't require survey showing property lines? You did have a permit? Since the fence builder built the fence on the wrong property, then they should correct the problem.

I'd be upset if you built a fence on MY property, though it seems that now it should belong to the neighbors, since they are in possession.

Dad0118 · 02-29-2016, 08:08 AM

Bear in mind, regardless of any agreement you make with the existing owner; a new owner could always come in and make you clear your fence off their property.

You messed up; I would just fix the situation to avoid potential larger problems in the future.

homeljs · 02-29-2016, 08:09 AM

We had a similar situation. We bought a house and decided to move the front of the fence up closer to the front of the house giving us more space in the backyard. I gave my fence guy the survey and we marked off the line. Then when they finished the extension I asked about the line because it seems like the new portion was over further. They told me that they just extended the fence along the line of the old portion and that the old portion was slightly over as well making the new portion over by about 5 inches. My fence guy only told me after I paid him and he ran for his truck after he told me. I would have negotiated something with him if I hadn't already paid.

I was fearful what would happen when my neighbor sold their home. That did happen within 9 months of us moving in so I didn't have to wait long. Nothing every came up in their sale of their home just like it didn't come up when we purchased our house.

It is too bad that you have a picky neighbor. I was lucky with my neighbor. I don't think it is a good option to get a written agreement. The city doesn't care,,,your lot is your lot. Maybe the neighbor can let it go for now and down the road when they sell and it becomes an issue then you will have to move your fence.

jdallas · 02-29-2016, 08:33 AM

Quote:

Originally Posted by noltian

it seems even old fence was using their property by 1/8-1 inch.

......

If you can prove this, you can claim it under your title insurance as the previous owners did not have clear ownership of the property transferred to you at closing and they will deal with it through proper channels.