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That's a good point, where was the fence installed? Right on the property line or 2 feet back. Usually you have to get the neighbor permission to place a fence right on the property line if not, usually you have to have the fence 2 feet in on your property. This allows you to do maintenance on your fence without going into the neighbors yard.
I had to put up some fence to keep ATT out of my yard when they finally decided to replace a pole after 5 years... I put it up 2 feet inside and more near where the pole would go.. They had room to work but I refused to allow them to cross my property to do the work... The 2 foot offset made it where the neighbor behind me had to put up their own fence for their dog...
Not the entire story - I am not an A-Hole to start off with... but it seems like some people and companies just like to mess with you --- Paybacks are a beeeaatch
PS The thing is I have a survey - I can get to it and have it in my hand before you can say lawsuit... I would never buy a house with out one You can not trust that the builder did all the steps or event the city did what one would expect them to do.. THe house that was built behind me in 2007 did not have a survey done ??
Laws vary from state to state. In general, in states that demand fences along property line, there is an automatic easement on the adjoining property for the use of caring for the fence. I have never understood people buying property without a survey and title insurance. In a case like the one cited, it is much easier to just refer the people to the title insurance company and stay out of the action.
If previously, your fence was located three feet onto your property away from your property line. Then you chose to move your fence to your property line:
1. Without notice to neighbor
2. Without a survey of actual property line
3. Without "Call Before You Dig" service being used
4. Without searching pre-existing easments
You can run the risk of municipal code violations by damaging utilities within a city's utility easement between property lines and may be taking a "hostile" action on an easement that exists from your old fence line and the neighors side of the common property line. I know as I had encountered this very same thing, but I checked it out by following the four points above. And had no problems. BL.
I had to put up some fence to keep ATT out of my yard when they finally decided to replace a pole after 5 years... I put it up 2 feet inside and more near where the pole would go.. They had room to work but I refused to allow them to cross my property to do the work... The 2 foot offset made it where the neighbor behind me had to put up their own fence for their dog...
Not the entire story - I am not an A-Hole to start off with... but it seems like some people and companies just like to mess with you --- Paybacks are a beeeaatch
PS The thing is I have a survey - I can get to it and have it in my hand before you can say lawsuit... I would never buy a house with out one You can not trust that the builder did all the steps or event the city did what one would expect them to do.. THe house that was built behind me in 2007 did not have a survey done ??
Actually, a Utility Easement takes prescedence over homeowner property rights. They can take whatever means to gain access to their easement to maintain their property. If they enounter a fence in the way or other obstacle, they can remove or destroy that obstacle at your expense and it's up to you to repair or replace obstacle at your own expense. They can not be held accountable to anyone or court to repair and/or replace your personal property, as they a public service company that is protected by the government.
See you city's Municipal Codes and/or the Utility company's easement rights/requirements through your county's clerk and recorder office for EASEMENT Recorded Documents.
Not if you maintain the area and have the property pins identified...
Adverse Possession rules vary from state to state. Check it out through your "Secretary of State" Statutes in reference to: Hostile/Adverse Possession. If you don't meet all rules in your favor, then you can't receive, "Adverse Possession" of another's real estate property. And most states require the matter to be enforced by going to District Court with a jury/litigation/expert witnesses/bonds. Both parties must pay for their own defences and in some states, the party who loses has to pay the winners expenses, too.
That's a good point, where was the fence installed? Right on the property line or 2 feet back. Usually you have to get the neighbor permission to place a fence right on the property line if not, usually you have to have the fence 2 feet in on your property. This allows you to do maintenance on your fence without going into the neighbors yard.
Or, if you insist on having a fence on your side of the common property line, you can create a maintenance easement on their property that is agreed to be adhered by both parties with or without compensation for its use. Consult a lawyer. Many lawyers allow free consultation to discuss your rights and what course of action you can/should take for 1 to 1.5 hours via in office or a shorter amount of time via telephone. Call around.
I don't suppose anybody noticed THIS IS A TWO YEAR OLD THREAD!
Or maybe they did and also saw this at the bottom of the thread (which is at the bottom of all old threads, indicating that C-D WANTS people to resurrect old threads):
Or maybe they did and also saw this at the bottom of the thread (which is at the bottom of all old threads, indicating that C-D WANTS people to resurrect old threads):
And maybe the OP will see this resurrected thread and come back to post about how the issue was resolved.
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It could be...
