Property line issue (attorney, renter, state, repairs)
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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.
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. If he had been honest in the first place when he got a permit for the fence he could have saved himself some money. He would not have been able to put up the kind of fence he has due to city laws. Therefore he is furious and is retaliating.
Last edited by sswanee48; 06-10-2010 at 11:24 AM..
Reason: I wanted to add on a little extra wording.
If the driveway has been there for sufficient period of time according to the laws of your state, he may have lost the right to do that. You need to talk to a real estate attorney in your area.
Sounds like your local municipality may have some gaps in their own processes.
In my neck of the woods, someone would visit the site before a permit was issued and after the work was complete. They do not rely on what peoole tell them. With money so tight in so many areas, right now, many things just fall through the cracks. Or perhaps you live in an unicorporated area.
Your local building code is the source of your answer as it relates to set backs. Talk to the municipal people.
I'm assuming the driveway was put in when the house was built. Who would I talk to to find out if the driveway is as old as the house. Looking at it, it looks like it. Can anyone give me some input as to whom I would talk to.
Good neighbors don't call the city to complain before trying to resolve the problem. Good luck trying to patch things up with them now.
From the OP:
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.
You mean trying to resolve the problem like the OP actually did, from what he says?
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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Your driveway may be what is known as a prescriptive easement. In CA, 5 years of "open and notorious use" (Notorious meaning that it is easily noticed) would qualify you to have the easement, although one might have to go to court to have the easement perfected by a quiet title action.
The laws governing prescriptive easements vary by state.
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Property line issue
