02-29-2016, 01:01 AM
33 posts, read
79,184 times
Reputation: 14
I recently had new fence installed using mostly existing fence line. Per my neighbor and their survey, my new fence is around 2-5 inches into their property. The new post is around 1/8 to 1/2 inches into their property too. The fence is about 5 feet from their house. it's like a service passage way to A/C units. It's not part of their lot or backyard. it seems even old fence was using their property by 1/8-1 inch.
it looks like this.
----------------------------------------------------wall
A/C A/C tree(8-10 feet)
---------------------------------------xxxxxxxxx new fence
---------------------------------------------- ( the length of the old fene)
Their concern is possible issue when they sell the house.(per my realtor ,it gotta be very picky person to complain about 2-4 inches and won't matter for selling). Also, their major concern is that A/C tech or lawn mower can't pass very well from the front of the house since they have a tree in the passage way and 5 inches matter per them as described. Ah..They probably now have the issue because I extended my fence about 2 feet from the original within my property line.
I am a little embarrassed that 2-4 inches would cause this kind of issue. In fact the other side of my neighbor uses that much of my property for their fence. I just don't care because it's not the land anybody will need/use on that side of the house and it's not worth a trouble. Well. I understand people have different tolerance level and culture...Okay and I admitted to them it was my fault regardless. I never knew I had to look at survey to put up a fence. but ...Anyway. I learned.
I asked them if I can flip the section the fence( x marks) where their tree is placed and their lawn mower can walk. It will not correct entire fence but will remedy some but then it will still use their property about 1/8-1/2 inch possibly . I also suggested I can trim/cut the tree so that they can walk freely. It's not my fence blocking but it is actually their tree blocking to walk. The other side is wide open. For now, they are okay to flip one section of the fence and I hope that settles it.
I guess It may be retaliation from the issue I had with them before. I honestly don't understand 2-4 inches would matter to them...since it's not the land they ever use for their daily life.but I understand it's their dirt..yes..and it's up to them to do what they own.
My questions
1. Can it be considered an agreement between me and my neighbor for what they are okayed for now?
I just don't want them to change their mind and asked me to move all posts to be totally my property in the future. The contractor I hired for new fence is not willing to move posts but he will help flip the fence only. It's not a good size fence company. So... I really hope one change I am making will settle for good.
2. is there any allowable mistake since it is just a few inches and they don't even lose several square foot and it's not the land they even use for daily life. I need to work with them but just want to know my option.
3. In case I can't work with them any longer and refuse to make any changes, what's the possible legal issue I can face?
Overall, I don't have any issue with this neighbor and want to live in peace.......
02-29-2016, 05:47 AM
24,476 posts, read
10,804,014 times
Reputation: 46751
Please correct me if I did not understand the gist of your post - you installed a fence on your neighbor's property?
02-29-2016, 06:56 AM
33 posts, read
79,184 times
Reputation: 14
Quote:
Originally Posted by
Threestep
Please correct me if I did not understand the gist of your post - you installed a fence on your neighbor's property?
It is not completely in my property. part of my fence is on theirs
02-29-2016, 07:15 AM
Location: Prosper
6,255 posts, read
17,088,213 times
Reputation: 9501
If they say they are ok with you flipping the fence, then do it. Then get an agreement in writing from them saying that this solves the issue.
It's not a question of whether they are "using" that part of their land or not. The issue is that it could make selling their home more difficult in the future, through YOUR actions. Frankly, I'd be asking for monetary compensation if you built a fence on my property, especially if a landscaping crew can no longer do their job because your fence blocks access.
02-29-2016, 07:15 AM
35,095 posts, read
51,212,218 times
Reputation: 62667
Did you follow the allowed distance stated by City ordinance when it comes to the number of feet away from the property line a fence has to be? You are mistaken and any structure should never be placed on a neighbors property for any reason, no matter how small that amount of property is. The part of the fence that is on their property should be moved in my opinion, what you have to do legally is a matter for an attorney to guide you toward the proper legal resolution.
02-29-2016, 07:28 AM
33 posts, read
79,184 times
Reputation: 14
I'd be asking for monetary compensation if you built a fence on my property, especially if a landscaping crew can no longer do their job because your fence blocks access.[/quote]
Perhaps , that is the part I don't understand from their perspective. Landscape crew can do their joby 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...
Thanks for response. like I mentioned my other neighbor did what I did with their fence. Perhaos I am too insensitive in this kind of matter.
02-29-2016, 07:43 AM
Location: Dallas area, Texas
2,353 posts, read
3,860,168 times
Reputation: 4173
Permit didn't require survey showing property lines? You did have a permit? Since the fence builder built the fence on the wrong property, then they should correct the problem.
I'd be upset if you built a fence on MY property, though it seems that now it should belong to the neighbors, since they are in possession.
02-29-2016, 08:08 AM
110 posts, read
168,407 times
Reputation: 145
Bear in mind, regardless of any agreement you make with the existing owner; a new owner could always come in and make you clear your fence off their property.
You messed up; I would just fix the situation to avoid potential larger problems in the future.
02-29-2016, 08:09 AM
4 posts, read
3,329 times
Reputation: 15
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.
Last edited by homeljs; 02-29-2016 at 08:12 AM ..
Reason: additional info
02-29-2016, 08:33 AM
Location: garland
1,591 posts, read
2,406,898 times
Reputation: 2003
Quote:
Originally Posted by
noltian
it seems even old fence was using their property by 1/8-1 inch.
......
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.
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People in Group quarters - Agriculture workers' dormitories on farms (%)
People in Group quarters - Job Corps and vocational training facilities (%)
People in Group quarters - Other workers' dormitories (%)
People in Group quarters - Crews of maritime vessels (%)
People in Group quarters - Other nonhousehold living situations (%)
People in Group quarters - Other noninstitutional group quarters (%)
Residents speaking English at home (%)
Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)