fence issue with neighbor... (house, purchase, maintenance)

[DitsyD]

Originally Posted by homeljs

We had a similar situation. We bought a house and decided to move the front of the fence up closer to the front of the house giving us more space in the backyard. I gave my fence guy the survey and we marked off the line. Then when they finished the extension I asked about the line because it seems like the new portion was over further. They told me that they just extended the fence along the line of the old portion and that the old portion was slightly over as well making the new portion over by about 5 inches. My fence guy only told me after I paid him and he ran for his truck after he told me. I would have negotiated something with him if I hadn't already paid.

I was fearful what would happen when my neighbor sold their home. That did happen within 9 months of us moving in so I didn't have to wait long. Nothing every came up in their sale of their home just like it didn't come up when we purchased our house.

It is too bad that you have a picky neighbor. I was lucky with my neighbor. I don't think it is a good option to get a written agreement. The city doesn't care,,,your lot is your lot. Maybe the neighbor can let it go for now and down the road when they sell and it becomes an issue then you will have to move your fence.

The problem might arise again when your neighbors sell their house. Any new lender will require a survey; the title company will note the encroachment; new lender may object to the fence. If the sale cannot happen, you might get sued.

[aggieplaya]

Originally Posted by jdallas

If you can prove this, you can claim it under your title insurance as the previous owners did not have clear ownership of the property transferred to you at closing and they will deal with it through proper channels.

I had this happen on a home purchase - there was a slight deviation with the fence line being off a few inches and the survey specifically called this out and the title company just made me sign some doc that communicated this deviation. It didn't stop me from buying the home and I am not sure the title company policy would do anything in my case.

[SolaireSolstice]

Originally Posted by DitsyD

The problem might arise again when your neighbors sell their house. Any new lender will require a survey; the title company will note the encroachment; new lender may object to the fence. If the sale cannot happen, you might get sued.

My home purchase last year didn't require a new survey, just used an old one from 2004. Yes this was in Texas.

[convextech]

Originally Posted by noltian

Landscape crew can do their job if the tree will not block the passage. Even if new fence is completely within my property, the issue will not remedied until they trim tree. 5 inch more..that is smaller than my palm...

The tree was there before the fence was. That means you adding the fence made it inaccessible. Period. Move the fence away from my tree and my property, or I would be getting an attorney.

[noltian]

Originally Posted by convextech

The tree was there before the fence was. That means you adding the fence made it inaccessible. Period. Move the fence away from my tree and my property, or I would be getting an attorney.

That's something I wanted to know. It's still accessible and with tree trim, there wouldn't be any issue. Even without tree trim, it's still accessible. Their tree branches always invading my property. From what you said, I can say extending my fence within my property is my right. For that 5 inches still won't make any difference. it's smaller than your hand.

For attorney, what would you ask?...what do think you can do to make me? injuction over 5 inches? is it worth it?. That's something I am curious.

[homeljs]

noltian - Too bad that I'm not your neighbor. I say there are too many other things to worry about than 5 inches of fence. For my situation, it could be a positive because now my neighbor can extend a fence from their house to my fence on each end and have an enclosed side yard for storage etc. Our HOA rules say that the AC units on the side of the house must be concealed from the front of the house. Their little half fence is falling down. This could be a cheap alternative for them.

[convextech]

Originally Posted by noltian

That's something I wanted to know. It's still accessible and with tree trim, there wouldn't be any issue. Even without tree trim, it's still accessible. Their tree branches always invading my property. From what you said, I can say extending my fence within my property is my right. For that 5 inches still won't make any difference. it's smaller than your hand.

For attorney, what would you ask?...what do think you can do to make me? injuction over 5 inches? is it worth it?. That's something I am curious.

Yes, it's worth it. Five inches times however long the parcel is, and if I don't say anything, over time that piece of land could become not mine anymore.


You said yourself the neighbor's landscapers can't get in his back yard.


Tree branches don't count. Cut the tree branches on your side if you so desire. But if the tree itself is in my yard, it's my tree, and it's still your fence making access to my yard difficult.

[noltian]

Originally Posted by convextech

Yes, it's worth it. Five inches times however long the parcel is, and if I don't say anything, over time that piece of land could become not mine anymore.


You said yourself the neighbor's landscapers can't get in his back yard.

Tree branches don't count. Cut the tree branches on your side if you so desire. But if the tree itself is in my yard, it's my tree, and it's still your fence making access to my yard difficult.

- If the work can't get in backyard, I would have moved the fence at all cost. It's a land between my house and their. It's NOT backyard. There is nothing but A/C unit. It's about 5 feet passage and nothing can even grow there. Their workers actually have to walk on my property if they prefer to use the passage. I haven't see them using the passage since they can't move mower or anything through. They normally use their gate from backyard to go to front. It is a like catwalk. it was impossible to walk with any mowing equipment or tool

Also it's not 5 inches all the way, it starts with probably 1/8 to maximum of 4.5 inches over 20 feet. Like mentioned they don't even lose several square foot...I am not sure if what you pictured is different. I can give them in writing I am leasing or something so that land does not become mine.

Let's say I can tell you your worker should never walk on my property. it's my land right? Because of the tree, they couldn't get in. Before or tomorrow they had to come to my property and lift branches and get in. There is no way for them to get in without coming to my property. Since it's Texas, I guess I can shoot them???? ( I will have a sign on as a warning)

I still wonder what you would do with the attorney if this really goes south. I think my neighbor perspective probably like you and probably provide me what I am curios. ...

[noltian]

Originally Posted by homeljs

noltian - Too bad that I'm not your neighbor. I say there are too many other things to worry about than 5 inches of fence. For my situation, it could be a positive because now my neighbor can extend a fence from their house to my fence on each end and have an enclosed side yard for storage etc. Our HOA rules say that the AC units on the side of the house must be concealed from the front of the house. Their little half fence is falling down. This could be a cheap alternative for them.

I don't have such but it's free to do so and some neighbor did that. Because of the their A/C noises, I suggested them before and they declined. The reason I extended my fence about 2 feet within my property is to block the noise from the A/C units somehow....it worked a little with new fence.

I need a neighbor like you.

[octo]

I would move the fence. It's our culture to be protective of property and it seriously bothers many if you encroach, even if it is just a few inches.

Personally I would not care if my neighbors fence would be on my property by less than a foot but others would not accept this.