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I bought in a neighborhood where the property lines were known to not match the fence lines (house was built in 1921). I usually get a survey but my agent said not to bother as nothing could be done - in that neighborhood the houses were 5' off the side lot lines. Finding out my neighbor's house was 2' on my side wouldn't mean a thing as I would not ask him to tear down a house nor do I think any court would side with me. We all just pretended that our fence lines were correct and replaced the fences as needed in the same place.
His lawyer has contacted me via letter, advising me to cease and desist until they get a survey done. I forgot to mention that our neighbors on all sides are encroaching on each other (I have some of my neighbor's property on the other side)...
Yeah, that seems to have been an important detail. It sounds like you need a neighborhood resolution, not just something with your one neighbor. Waiting for a survey to be done sounds reasonable; then you can take it from there.
My former boss had something similar and resorted to self help after a falling out... they had been friends and even took a couple of family vacations together.
They both had surveys in hand and it clearly showed the neighbors property fence encroaching at an angle... neither party had built the fence.
Anyway... when he heard the neighbor was going to be out of town... he hired the biggest and most established fence contractor in town and removed all traces of the old fence and built a substantial fence, with a permit 4" on his side of the line...
Neighbor was livid and started to take it down... had a sledgehammer in hand when police were called and told neighbor he WOULD go to jail unless he stopped... long and short is neighbor paid for another survey... got a lawyer back and forth into court, my boss got restraining order... got real ugly... but the fence stood in it's new and correct location... the neighbor got cancer and died and his widow said the fence killed him because he was consumed by it...
Almost all the fences on my parents land are well set back on their property... it was more a matter of the terrain and lay of the land... the setback no way effects my parents enjoyment so they let it go...
Interesting, Ultrarunner. I heard last week that a man in a newer upper price range community put in a large concrete pad and a fence around it as a sort of dog run. But they didn't call it that. They called it an enclosure. Not sure if they were trying to get around the definition. No HOA, but standard deed of restrictions, which didn't mention approvals for anything like patio or dog runs.
So the community began to think about getting together to form a HOA. Several people were in an uproar about the dog run. One person mentioned who would take care of the beautiful entry once the builder left and many people inhaled sharply. Better get that HOA.
That dog enclosure was a big deal. The dogs never barked, were never heard barking. (Personally, I question concrete on dogs paws in the summer.) The enclosure was on the far side of the owners home from the neighbor's home...that neighbor who complained most vehemently. On and on.
There was fighting and big problems but I forget the specifics. At any rate the home owner who built the enclosure went home one night, went out in the yard and shot himself. Died. The wife said he was just so upset he couldn't have the dog run he wanted at his new home.
Reply to the neighbors lawyer. (you did a survey perviously correct?)
Tell the lawyer that you, at your expenxes, completed a survey previously and it showed the property in question to be on your parcel. Fruthermore, you have a note from the nieghbor agreeing that the land is on your parcel. (do NOT give him him a copy of the note -- save this for your lawyer in case the situatation esclates)
Tell the neighbors lawyer that "in spirit of neighborly cooperation" you are willing to comply with his request to temporarily delay any further action until the neieghbor compltes a property line survey. Tell him hat you will NOT cost cooperate on further survey, as you already paid for one. Tell him he has five calender days to complete the survey and show vaild clam. (if he ask for more time, agree. But don't give him more than 10 calander days)
Tell him that you plan to remove the exisitng fence and errect a new "division" shortly. Don't be specific. (Does yur twon reguire permits for frences. If so go to your local building and saftey and pull a permit ofr the cheepest possible fence. You don't need to full fil the permit and can a aboandon the permit if needed. But you should have something on file incase the situration escallates.) If the neighbor needs a 6 foot fancy fence for his pool let him payfor it. You may just want to place some boarder stones.
See what he does. If you don't hear from him or no survey in five days, then, proced ASAP with removing the fence.
Or, hire your own lawyer.
Your neighbor's a bully. No wonder you had a falling out.
He also did a survey when he moved in and he had a more established law firm with top surveyors. There are enough differences between the surveys to create doubt, so he is doing another.
Quote:
Your neighbor's a bully. No wonder you had a falling out.
Unfortunately he has the neighbors on his side, he is liked and I am not.
I have a meeting for next week with a lawyer, and I'm trying to find the previous owner of my house to find out if my neighbor qualifies for an easement or adverse possession.
I'm not sure if the note is going to help or hinder me because it may not be specific enough. The lawyer will know the answer to that.
Thanks for all the replies. I'm still hoping that this doesn't escalate. He can afford litigation more than I can.
He also did a survey when he moved in and he had a more established law firm with top surveyors. There are enough differences between the surveys to create doubt, so he is doing another.
Unfortunately he has the neighbors on his side, he is liked and I am not.
I have a meeting for next week with a lawyer, and I'm trying to find the previous owner of my house to find out if my neighbor qualifies for an easement or adverse possession.
I'm not sure if the note is going to help or hinder me because it may not be specific enough. The lawyer will know the answer to that.
Thanks for all the replies. I'm still hoping that this doesn't escalate. He can afford litigation more than I can.
Remind the neighbors they could be in trouble too.
I do know from experience you can get a surveyor to give a discount to each owner when several owners in the same immediate area are using him, a few properties a day for a few days one after the other.
Remind the neighbors they could be in trouble too.
That makes it worse for me, because they see me as the instigator.
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