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Old 01-08-2012, 02:28 PM
 
Location: Raleigh, NC
466 posts, read 1,036,669 times
Reputation: 357
Default Neighbor building a fence on my property - adverse possession??

A neighbor has started building a fence on my property in downtown Wake Forest. No surveyor's stake is at the front of our properties but the stake IS present at the back (and jives w/ the fences erected by the neighbors in the back). This neighbor has erected posts that are about 18 inches onto my property, until the very back of our yards, when he juts his posts in to respect the boundary line.

Truthfully, I don't care terribly. He's annoying, so a fence of his yard will go a long way to limiting our interaction. But I'm frustrated by his (continued) arrogance, and don't want to face an issue in the not so far of future should I try to sell my house and have the neighbor appropriating about 200 sq feet of my property.

What should I do? Speaking to him just made him laugh. I've read that I might have him sign a written permission for the fence which protects my property ownership and mitigates the potential for adverse possession to be claimed (though I'm not sure I'd get him to sign it). I"m not really in the market to drop $$ on an official survey and court costs to sue him over this. Thoughts??
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Old 01-08-2012, 04:01 PM
 
6 posts, read 18,057 times
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If he basically knows that he's building this on your property, you have to decide if it's worth the conflict. If he builds the fence and it remains there, over time you may lose the right to that property due to "uncontested encroachment".

It's probably easiest to straighten this out before he builds it. Is there any real disagreement about where the property line is? If he agrees where the line is, and it's very clear where the line is, I'd point out that he can't build this fence without trespassing on your property, and you won't allow that, and that if he builds something on your property, it's basically your fence, you can tear it down if you want, or have it torn down and send him the bill. If you're certain you know where the line is, you could probably call the cops when he tries to build on your property. Tell him you don't want to do that kind of thing, you'd like to work this out as neighbors, but you don't want him to just trample on your rights either.

If he disagrees with you on where the property lines are, tell him you trust the markers, but if he thinks they are wrong, you would like to know his evidence. If he wants to pay for a surveyor, let him.
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Old 01-08-2012, 04:06 PM
 
6 posts, read 18,057 times
Reputation: 24
Also: according to this site, a permit is required to build a fence in Wake Forest:

Quote:
WAKE FOREST [PERMIT REQUIRED]
DOWNLOAD APPLICATION HERE: https://www.wakeforestnc.gov/client_...pplication.pdf
If he's building a fence without a permit, he's got a problem. If he has a permit, and he's building on your property, that probably gives you leverage to have the permit revoked.

I'd talk to these people and ask their advice:

Town of Wake Forest Planning Department
221 Brooks Street
Wake Forest, NC 27587
(919) 554-6140 Fax: (919) 554-6607

I wouldn't be surprised if he needs to get the property line surveyed before he can get a permit to build a fence.
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Old 01-08-2012, 04:11 PM
 
711 posts, read 1,780,867 times
Reputation: 562
Default +1 Let the Public Officials do their job for you

Quote:
Originally Posted by Bootstrap View Post
Also: according to this site, a permit is required to build a fence in Wake Forest:



If he's building a fence without a permit, he's got a problem. If he has a permit, and he's building on your property, that probably gives you leverage to have the permit revoked.

I'd talk to these people and ask their advice:

Town of Wake Forest Planning Department
221 Brooks Street
Wake Forest, NC 27587
(919) 554-6140 Fax: (919) 554-6607
But if he is this much of a jerk, wait until it is 100% complete (to maximize his out of pocket costs) before creating a formal complaint!

I know of an instance where a person had to demolish a two story wing recently added to their home because they failed to get proper permits.
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Old 01-08-2012, 04:14 PM
 
Location: Raleigh, NC
466 posts, read 1,036,669 times
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Quote:
Originally Posted by Bootstrap View Post
Also: according to this site, a permit is required to build a fence in Wake Forest:

If he's building a fence without a permit, he's got a problem. If he has a permit, and he's building on your property, that probably gives you leverage to have the permit revoked.

I'd talk to these people and ask their advice:

Town of Wake Forest Planning Department
221 Brooks Street
Wake Forest, NC 27587
(919) 554-6140 Fax: (919) 554-6607

I wouldn't be surprised if he needs to get the property line surveyed before he can get a permit to build a fence.
I'll call tomorrow to confirm, but was fairly certain that a permit was only required if the total area being fenced was greater than .50 acre -- our lots are .25-.30 acres, so total fenced area would be far below the requirement. Still, a good heads up, and I'll certainly confirm.
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Old 01-08-2012, 04:15 PM
LLN
 
Location: Upstairs closet
3,553 posts, read 4,221,872 times
Reputation: 3844
You might not care but if you ever decide to sell, this will be huge issue.

Nip it, nip it in the bud.
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Old 01-08-2012, 04:18 PM
 
Location: under the beautiful Carolina blue
8,907 posts, read 9,991,162 times
Reputation: 4885
Quote:
Originally Posted by LLN View Post
You might not care but if you ever decide to sell, this will be huge issue.

Nip it, nip it in the bud.
True. It will create a huge issue on the survey and title search. Headaches now don't become less of a headache when 20 years go by. They just get bigger.
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Old 01-08-2012, 04:58 PM
 
3,155 posts, read 6,851,989 times
Reputation: 2052
Quote:
Originally Posted by Lisalrenee View Post
I'll call tomorrow to confirm, but was fairly certain that a permit was only required if the total area being fenced was greater than .50 acre -- our lots are .25-.30 acres, so total fenced area would be far below the requirement. Still, a good heads up, and I'll certainly confirm.
Ask WF about set back laws as well. Some cities say you have to set your fence back x number of inches or feet from the property line. Given he is over the property line or right on it (at the back) he would be out of compliance w/ this law. Set back laws are usually independent of permitting.

Good luck!!!
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Old 01-08-2012, 05:19 PM
Status: "Motel Hell really did happen!" (set 3 days ago)
 
Location: Meth capital of the world.
8,076 posts, read 5,371,908 times
Reputation: 4188
Jump on it ASAP, this is a big issue if he is putting a fence onto your property. Do not let this issue fester.
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Old 01-08-2012, 08:06 PM
 
Location: Raleigh NC
1,617 posts, read 1,244,608 times
Reputation: 1041
If you have a poor relationship already - a bad two way relationship, meaning he knows you think he's a jerk before this matter - then just turn it over to the authorities.

According to you, he has scoffed at your property rights. He hasn't disputed whether the fence is within his boundaries or not.
Now, I would say act now, and let him know - use any means you wish - that you're reporting him NOW, rather than wait until his monetary loss is maximized.

Waiting until he's done only escalates the situation. Why be the one that chooses that route now?
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