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Old 05-14-2008, 08:41 PM
 
48,502 posts, read 96,816,250 times
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Where I live the "bad" side of the fence must face your property. Also any limb hanging over the fence you can trim by law. But you need to be aware that putting a fence to far into your property line can raise issues of ownership of the property on teh other side unless you maintain it in many states.I've never had a problem as neighbors have always gone in on the fence and insurance says that fences can be consdiered so-owned as far as damage claims.
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Old 09-13-2009, 06:33 AM
 
Location: Puerto Rico
1 posts, read 9,663 times
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I would like know when you purchase a home and their's already a fence dividing two propertys and the fence is on the property line and the good side of the fence is to the other property who has rights to the fence ?
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Old 09-13-2009, 08:53 PM
 
3,020 posts, read 25,726,981 times
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Default Do not make this your first order of business.

DO NOT move in and immediately get into fence hassles.

Take your time, get to know the neighbhors, talk about all sorts of things. Over a period of time bring up the subject with other neighbors, see what they know. Every neighborhood, somebody has all the dirt and scoop on everything.

Do not get into all that surveying crap. It is not what most peeps think. There is a margin of error in all surveys. As the technology improves, things go digital, they can be more accurate but there are errors in the major land areas like sections, townships, etc. In the old dazes, they tended to over estimate how much land was actually in a plot. For example a section (160 acres) may only have 158 acres, all the plot lines will have some error. There is a margin of error due to many factors. Many surveyors might sort of fake it and "Find the lines are as shown on the prior plots". The way the technology works, most larger surveys tend to come up short, never finding overage.

Also forget most of that adversion possession crap when it comes to fences. There usually is that requirement that you must do things "Hostile" whatever that might mean.

Use some common sense, get along and go along. After fitting into the neighborhood, then try to be friends with the neighbors, discuss things, get common agreement of what can and should be done. Wave, smile and be nice for the first couple months.

If that fails then you can go to Plan B.

Everybody hates the neighbor that moves it and immediately appears (from their point of view to be pushy and demanding "My Land".
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Old 09-14-2009, 11:56 AM
 
1,638 posts, read 4,548,071 times
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Everybody hates the neighbor that moves it and immediately appears (from their point of view to be pushy and demanding "My Land".

Only the neighbors who have something to lose by you claiming your land, ie those that regularly tresspass on your property or have "moved" the boundary line over onto your land!
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Old 09-14-2009, 12:20 PM
 
1,492 posts, read 7,712,103 times
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If your survey is the kind that includes buildings and such....such as fences....

and your surveyor drew that fence within your boundary lines...

it's your fence.

But you need to check with your local law/ordinances but that's the way it's done many places. Just be sure some other surveyor didn't draw up a survey and have the fence within THEIR boundary.
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Old 09-14-2009, 09:58 PM
 
3,020 posts, read 25,726,981 times
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Default Bogus advice about surveys..............

I don't think a lot of the peeps really understand what surveys are all about.

Just because some dude surveys your lot and submits a small plot plan, does not mean that the engineering office changes the bigger area plot to reflect what he claims is a new boundary line. In many cases it probably just goes into the folder for that house address.

Think about it. The township lines might have been in error from way back when, the sections lines are also in some type of error. The original big picture plot plans showed all the individual owned acreage as it was originally thought to be. Does that mean the county goes out and does a comprehensive total survey to completely update the wide area bigger plot on some whim. I doubt it. In many areas the deeds say, on or about.

In my last old neighborhood we had this problem in spades. There was way more land recorded for all the sum of the deeds in the general neighborhood than there was actual land on the ground. How do you make it all come out in the big picture? In actual practice the last guy in loses big time. They sort of fake it, pretend it all the deeds add up to the total of the big picture. Super amount of problem if it doesn't. It takes a lot to change the big picture plots. Probably some major comprehensive wide area survey, adjustment of all the deeds, tax ramifications, etc. Just don't happen that much. The county has no interest in it, lots of expense. Everybody will get a survey showing exactly what they deed sezs it is. The big lie, to protect the tax man.

Any survey can come in, grab some local benchmarks, shoot a bunch of lines and claim that is where your plot of land is. If the surveyor is smart, he already has the prior plots shot for that location, plus he will know the general lay of the land for the far bigger picture and be aware of major foobaas to that bigger picture. He will satisfy the client more or less. Another day at the office. The results are just going to get filed in some folder. All the lawyers and him will get to make the next car payment.

In my present location we have that. Back a ways, the county did a huge comprehensive survey of many sections around the town to update the big plot plans in the county office. Things got adjusted, new benchmarks established. That overall plot is in stone for the day / age / technology of the times. We still have all those markers for individual lots all over the place. Rebar with yellow headed engraved serial numbers. You ain't going to change squat of the big plot maps by hiring some surveyor to attempt to change your property line. They will just produce some paper to make you happy, it will get filed. Everybody can believe what they want.

The advice is being given like there is some absolute. Part of it is sort of a political problem. Part is a technology problem, part is administrative, part just plain old common sense. The powers that be are going to leave sleeping dogs lie and attempt to satisfy everybody. The lay and type of land also affect the outcomes, flat totally level land is best, the more hills, poorer the line of sight, the worse it will be. The technology as it changes will be able to identify the errors and minimize the margins of error but in the end you have the same problem. The sum of all deeds is not accurately reflected in the total sum of all acres on the big plot plan.

You have to understand your own local situation first before jumping into a survey game. It may be very straightforward, it may be loaded with Catch-22's. That lil strip of land they are claiming is so important can be moved all over the place, depending on a wide variety of views and maybe all of them be right, as long as nobody relates it all to the big picture at the same time.

Common sense is the order of the day. In the end you just get to use what is there. Best if everybody can agree and get along. Can get extremely nasty if they do not.

They built a house down the street from me, did a local plot plan. That survey showed I own couple more feet to the south than I should. I've looked at my deed, compared it to the old in stone full area survey, everything seems to jive. And I am about to run out and jump into the fire because some survey is in conflict to the wide area. Yeah, right like that small amount of dirt is that important. We take turns mowing it, nobody talks about it. Somethings are not worth worrying about, sure as Hell are not worth fighting over. That last lil plot plan sure ain't going to change nothing on the bigger plot in the county office. Into a folder and forgot about.

In the end, if you fought for years and years in some court, the judge in the end would realize it is a bogus problem, the real problem lying in a far bigger picture and divide the difference down the middle just like Solomon. Forget this fighting over fences and small slivers of land, a fools game, especially if you don't have a burning use for it.

Go to the county office and look at the big plot plan that assumes all the deeds are correct. You ain't going to start pushing a lot of the property lines around in a cascade type effect just because you got some small plot around your dirt surveyed. No matter what anybody else tells you.
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Old 09-15-2009, 02:34 PM
 
Location: Visitation between Wal-Mart & Home Depot
8,309 posts, read 38,766,834 times
Reputation: 7185
Quote:
Originally Posted by Cosmic View Post
Also forget most of that adversion possession crap when it comes to fences. There usually is that requirement that you must do things "Hostile" whatever that might mean.
Cosmic is really giving spot on advice here about not making a border dispute your first action as dictator.

Unless you are the absentee landowner of grazing land out in the country or you got suckered into buying some beachfront property in Costa Rica you don't have much to worry about regarding adverse possession.

Unless your neighbor is paying taxes on your property, building fences capable of turning livestock, overtly and notoriously using and enjoying your property and does so for a very long time (like 20 years) unchallenged by you, it will never happen. Adverse possession is not easy to do; there has to be a string of 15 or 20 consecutive miracles. Its the sort of thing that can conceiveably happen in Deliverance country, not in a subdivision.
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Old 09-18-2009, 11:57 AM
 
Location: North Carolina
799 posts, read 3,225,931 times
Reputation: 300
Quote:
Originally Posted by mrstewart View Post

I would trim the tree back and kill the weeds off with some of that crazy stuff that would scorch the earth.

I believe "Round Up" kills it all. Not supposed to kill grass they say, but it leaves nothing behind.
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Old 11-16-2011, 04:12 AM
 
1 posts, read 8,209 times
Reputation: 10
I need help trying to determine the common area of fencing between my neighbor and I. The fence is from the driveway to the back of both of our homes. My home is set farther back from the street from their home. It is my understanding that I am responsible for half of the area from the start of my home back. Does anyone know the rules? If so I would really appreciate some advice.
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Old 11-16-2011, 07:01 AM
 
Location: Lexington, SC
4,281 posts, read 12,663,203 times
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Everybody hates the neighbor that moves it and immediately appears (from their point of view to be pushy and demanding "My Land".

I agree with this statement. I say make friends and learn before making any changes. Also if you are in an HOA you will have to get their permission before you do anything.

There could be local government rules/regulations on fences so check there.

What do you mean about moving the fences in then decorating them?
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