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When you say 'piece of brick overlay' are you talking about a retaining wall?
I'm in NYC also and there is approx, a foot of space in between my fence and my neighbors. The reason for the space is because you can't build anything on your property line so it has to be set back from that. That 10 or 12 inches is kind of like a no-mans land.
I wouldn't ask the neighbors to go in on a fence with you. They're not gaining anything by doing so and you may just p*ss them off.
Last edited by Lauriedeee; 04-11-2014 at 08:14 AM..
First of all, the title company is there to bring awareness to a TITLE issue. This is not a title issue. Its very common for people to put their fence 6" to a foot inside their property line. City code may dictate this.
In regards to your reference to what is called "adverse possession"....I highly doubt the adjoining owners would have any legal claims. I had a situation very similar to this two years ago. In the middle of the transaction a survey revealed the seller had her fence installed 6 feet inside her property lines and her neighbors had all tied in. She did not know this, she was an elderly lady and had instructed fence company to put fence on property line (which city code allows) and thought that is what they had done. Portions of her sprinkler system were OUTSIDE her fence lines, it was crazy. The neighbor, meanwhile, took advantage of this and built a really nice square foot garden against the fence, legally on this seller's property, by the sprinkler heads to "take advantage" of the free watering they were getting, I am sure.
We demanded the seller move the fence to the property line for my client to move forward to purchase, and she agreed. That's where the mess began. That neighbor began raising almighty hell that THEY now owned it due to "adverse possession. Fence had been in place for 8 years. Seller hired attorney, attorney laughed and sent neighbor a letter stating they had no rights, they had adjoined the seller's fence WITHOUT her permission (as they never asked to attach on) and that the seller would be removing the fence and the garden ON HER PROPERTY and relocating then fence to her property lines.
I was really surprised my client did not bail out on that deal. That neighbor was so freaking nuts, there is no way I would want to live next to them after all that. Neighbors on the other side were completely understanding and just asked that seller take care of any part of their fencing that would be affected, which she was happy to do. She had the fence demoed, leveled that square foot garden, and rebuilt her fence about 3" off the property line, posts sit on line.
Oh, and that crazy neighbor accused me of moving the property pin....which was attached to a 5 foot piece of rebar that had been driven into the ground and there for 10+ years. I'm 5'3" and can barely pound a "for sale" sign in the yard, but they called an attorney and swore they had photos of me outside at night moving that property pin....photos they NEVER could produce. ROTFL.
Moral of the story.....this is more than just simply moving your fence. Talk to your neighbors and make sure you convey that you will take care of any modifications this may require to their fences. Do NOT ask them to help pay, that is inappropriate IMO. My opinion is I wouldn't open this Pandora's box over that much yard, its not worth the effort nor the costs involved....nor is it worth making an enemy out of one of your neighbors.
There's no dispute over his boundary. Owners are free to enclose as much or as little of their yard as they would like, exceptions would be regarding city codes or HOA regulations. If he wants to move his fence, as long as there is nothing code wise stating he cannot, he's free to do so. Legally its his property.
Isn't the whole point of a survey to show things in their exact true current location? I don't understand the problem.
I am with you on this.
What exactly is the problem?
You (OP) have a fence (YOUR fence) on YOUR property. It is set back one foot from the edge of your property line.
No problem so far.
You want to move the fence to the edge of YOUR property. No problem. Check with code; fence company will want to see a permit, AND a current survey (with property lines marked clearly), and they will put it where YOU want it.
That's all there is to it. Title Company has NO involvement. Lawyers are not necessary.
Once again, is it worth the cost of a new survey, permits, and fence company expenses to add 48 square feet? Only YOU can decide that.
Drama, drama, drama. Isn't life complicated enough?
When I bought my house and they did the survey, I realized that my neighbor's fence was about 1" upto 2 feet into my property line for about 20 feet.
I just put my fence inside of his fence. Having a good relationship with my next door neighbor is WAY more important than those few feet on a half acre lot.
"adverse possession" can be a major issue down the road. Suppose you want to construct a garden shed in the future: your municipality requires a 5 foot setback and your neighbor doesn't want you to construct that shed. They may claim the 1 foot on the other side of the fence as their property. You have nice neighbors now, I presume, but someone else may buy that house who is a PITA. I agree with others that you should bear the expense of moving the fence as that would be cheaper than a legal fight down the road.
I disagree that the amount of land should not be an issue. The OP paid for the land, it is his to enjoy. Nip this in the bud, move the fence consistent with local ordinances. Keep in mind the fact that the OP cannot be prevented from enjoying the land on the other side of the fence since it is his.
Where I am you have to have a fence set 18" inside your property line so that you can go around and maintain your fence, [painting etc. while still standing on your own land. I assume that is what you are dealing with where you are. call your building dept. and find out what the rules are where you are. Very likely it is your land, though your neighbors may not realize it. Find the true answer first and go from there.
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