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Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,302,067 times
Reputation: 6471
Quote:
Originally Posted by evilnewbie
I wonder why people just don't buy a "piece" of the neighbor's property... anyone know?
It's done, but it's not very easy for 2 folks to agree on a price in a rational fashion. It also requires a subdivision map (Called a boundary line adjustment around here) and becomes more expensive than it's worth.
My neighbor put up a privacy fence and it is right up to my driveway. My drive extends on to his property by one foot. The fence he installed totally blocks my view when I back into the street. I filed a complaint with the city and they told him he would have to install a different fence that was 4 feet instead of 6 and a fence you could see through according to city law. He is unhappy with me and said he is going to extend his fence over the extra foot. My question is, if he damages my cement driveway is he responsible for repairs to it? The house is 70 years old and there has never been a dispute over property lines. He had his ground surveyed before he put up the fence for his renter. He was not honest with the city that his is on the corner and intersects 2 streets. They also have a setback law on that situation. If he had told them in the first place about being on a corner he could have saved himself a lot of money. I told him when he put in the fence that he had me totally blinded and it was a matter of amusement to him. I have always been a good neighbor to him and do not deserve to be treated this way.
Please don't take this the wrong way but I can't understand your post..
Maybe it's me but it sounds like you built on your neighbors property and complained because of his fence and now it came back to bite ya.
busta
P.S. If it's my property and you built on it, I will remove your stuff and make it mine again even if I have to cut your driveway.
Please don't take this the wrong way but I can't understand your post..
Maybe it's me but it sounds like you built on your neighbors property and complained because of his fence and now it came back to bite ya.
busta
P.S. If it's my property and you built on it, I will remove your stuff and make it mine again even if I have to cut your driveway.
Bustas, note in the post you quoted:
Quote:
Originally Posted by sswanee48
My neighbor put up a privacy fence and it is right up to my driveway. My drive extends on to his property by one foot. The fence he installed totally blocks my view when I back into the street. I filed a complaint with the city and they told him he would have to install a different fence that was 4 feet instead of 6 and a fence you could see through according to city law. He is unhappy with me and said he is going to extend his fence over the extra foot. My question is, if he damages my cement driveway is he responsible for repairs to it? The house is 70 years old and there has never been a dispute over property lines. He had his ground surveyed before he put up the fence for his renter. He was not honest with the city that his is on the corner and intersects 2 streets. They also have a setback law on that situation. If he had told them in the first place about being on a corner he could have saved himself a lot of money. I told him when he put in the fence that he had me totally blinded and it was a matter of amusement to him. I have always been a good neighbor to him and do not deserve to be treated this way.
In another thread on this same topic, it is mentioned that it's possible the driveway was put in when the house was built (and back then people weren't always as careful as they should be about such things). In that case, adverse possession may mean that the part of the driveway that infringes on the neighbor's property now belongs to the OP, depending on the laws of the state the OP is in.
There could also be an easement that is now legally required to remain due to the many-years use of the driveway with no objection from the neighbo, again depending on the laws of the state in question. My grandfather, many years ago, allowed his neighbors to drive through his 100 acre farm in order to avoid having to drive around, and when he wanted to put gates in on each end, giving keys to the neighbors, because people other than the neighbors were driving onto his property and dumping, he could not do that because he'd allowed the use for so long. Most states have some law like this to deal with this not-uncommon problem.
It's done, but it's not very easy for 2 folks to agree on a price in a rational fashion. It also requires a subdivision map (Called a boundary line adjustment around here) and becomes more expensive than it's worth.
I have a relative that did this here in texas and it was pretty cheap to get it done at the abstract office. They had to do this for just a few feet to allow a g but then agin its past that really.arage to be built according to local code requirements. I am surprised that the city didn't require the inspoectio before he bult the fence not to code tho.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,302,067 times
Reputation: 6471
Quote:
Originally Posted by texdav
I have a relative that did this here in texas and it was pretty cheap to get it done at the abstract office. They had to do this for just a few feet to allow a g but then agin its past that really.arage to be built according to local code requirements. I am surprised that the city didn't require the inspoectio before he bult the fence not to code tho.
Goes to show ya what the local differences are in real estate law. I have just a very vague idea of what an abstract office is, as there is no such beast in CA. I usually put a disclaimer in my RE law responses that that's how it works in my area. Apologies for not doing so in this one.
Well, I'm in Texas, and I've found that such situations, if you're in a subdivision, can be vastly more complicated than just going down to the abstract office. It's not mentioned if the OP is in a subdivision or not.
First thing I'd do, in the OPs case, is check to see if there's already an easement existing by virtue of the driveway having been there for decades (I'd have to look up the exact length of time it takes to create such an easement, or even adverse possession, meaning the property may, indeed, belong to the OP by virtue of that adverse possession, not the neighbor).
your drive extends 1 foot onto his property.
key words here YOUR drive extends on HIS property.
I understand the fence height question, I believe that at certain points close to the street the fence has to be a certain height.
But if it is on his property, mind your own business.
I would hate a neighbor like you.
He did not lay down this driveway, it predates his ownership of the home and has never been in dispute. He told the neighbor about the visibility issues the fence would cause and his neighbor was amused and built anyway.
Sure the fence is on his property. But does that preclude safety issues? I think not. And I think it is unfair to pin the blame for the driveway on the OP as it predates him.
your drive extends 1 foot onto his property.
key words here YOUR drive extends on HIS property.
I understand the fence height question, I believe that at certain points close to the street the fence has to be a certain height.
But if it is on his property, mind your own business.
I would hate a neighbor like you.
I think the issue is that the fence creates a safety issue. I would hate to have a neighbor who disregards safety issues.
The driveway was there before the OP.
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