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Old 06-05-2012, 06:33 AM
 
Location: Wisconsin
7,214 posts, read 8,357,393 times
Reputation: 7754

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I wasn't sure where to ask this, so please move if not appropriate here.

We had a new cedar fence put in our backyard yesterday. The fence is nice, and that isn't the issue. During the post digging yesterday, the fence installers cut through one of the underground hoses that is part of our neighbor's sprinkler system. As it turns out, the hose was technically on our property. It will obviously need to be replaced.

I don't think the neighbor is going to come after us for money. He was more angry at the developer for not correcting the lot line issue in the first place (technically part of his driveway is on our property, and the developer never corrected the lot lines with the city).

I hope this makes sense. I assume the fence company and the sprinkler system installer with have to hash this out. I am glad I paid the $25.00 for a building permit, though.
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Old 06-05-2012, 06:51 AM
 
28,461 posts, read 75,137,154 times
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If the fence installer followed local guidelines for locating the fence (either on the lot line or the appropriate distance into the easement...) you really have nothing to worry about. Most fence installers are experienced in repairing / relocating sprinkler heads.

The driveway issue is something you and the neighbor should address. The concept of "adverse possession' could work against you... hostile possession legal definition of hostile possession. hostile possession synonyms by the Free Online Law Dictionary.
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Old 07-19-2012, 08:04 AM
 
Location: Wisconsin
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*Bump*

Unfortunately, this issue isn't totally resolved yet. Last week I was out pulling some weeds, and the woman from next door came over to talk to me. Apparently, they received a bill from the sprinkler company for the replacement of their hose line (this was done two days after our fence was installed). She was quite upset about it. My suggestion to her was not to pay it and call the owner of the fencing company to get it resolved. She wasn't mad at us, more angry with the two guys who did the install. She said she would call the fence company's owner and thanked me for the information.

Further making things interesting is that when my wife and I came home from work yesterday we found that the property line had been marked again, with a string. I assume someone from the city might have done this. It's still the same (existing) line, and shows the fence is still within our property. Not sure what the point of this was, but I just hope things don't escalate any further.

I really didn't intend for putting up a simple picket fence to cause so many issues with our neighbors.
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Old 07-19-2012, 08:27 AM
 
Location: Ontario, NY
2,962 posts, read 6,666,636 times
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I fail to see why it's the Fence companies fault. The sprinkler line wasn't suppose to be there. It really not the sprinklers installers fault either, they ran the lines where they thought the neighbors property was. I guess it's really the surveyors fault for not properly marking out the property lines. I guess the neighbor could try to sue the surveyor for not property marking the property lines correctly. But any lawsuit would be far more expensive then just paying for the broke line themselves.

Quote:
Originally Posted by MaseMan View Post
Further making things interesting is that when my wife and I came home from work yesterday we found that the property line had been marked again, with a string. I assume someone from the city might have done this.
The city/township wouldn't bother, it's not there problem. The only possible way the city would get involved is if this were a city sewer or water line that got damaged by the fence installer. The city isn't going to pay $500 to a surveyor because some resident is complaining they had to pay $150 to get a sprinkler line fixed. Someone paid a surveyor to remark the property lines, my guess would be the neighbor paid because they suspected your fence was on there property.

Last edited by TechGromit; 07-19-2012 at 08:36 AM..
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Old 07-19-2012, 08:47 AM
 
Location: Wisconsin
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Yeah, it will be interesting to see. The neighbor didn't mention to me how much the bill was for, but I can't imagine it was a ton of money.
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Old 07-19-2012, 08:57 AM
 
Location: Lexington, SC
4,281 posts, read 11,302,525 times
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Mase

I expect the string was not a professional survey. In the long run it might be wise for you to get a proper survey done. Best clear up any issues now then later.

I once had an issue when selling a house. It was discovered that the property line my neighbor and I both agreed on, was not where we both thought it was. Turns out the front corner of my driveway was on his property. I went to him and explained it. I offered to pay all costs if he would agree to shift the property line. We each lost no land, just a line shift. He agreed. It ended up costing me about $500.00 for everything but the survey. The buyer had paid for the survey.
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Old 07-19-2012, 09:34 AM
 
Location: Wisconsin
7,214 posts, read 8,357,393 times
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I don't really see how the line is in question or why a survey would be needed. The stakes in the ground should be properly marking the property. The line is attached to these...not just laid out arbitrarily or something.
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Old 07-19-2012, 09:47 AM
 
Location: ๏̯͡๏﴿ Gwinnett-That's a Civil Matter-County
2,117 posts, read 5,636,855 times
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Neither you nor the fence contractor are liable for damage caused by removing a sprinkler system illegally installed on your lot without your express written authorization.

Tell the neighbor to pound sand.
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Old 07-19-2012, 09:54 AM
 
2,401 posts, read 4,176,518 times
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See below "similar" threads...

I think this is quite a popular problem.
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Old 07-19-2012, 10:08 AM
 
5,913 posts, read 8,801,755 times
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Seems to me no matter who's property the line was on the company that damaged it should have at least patched it. It's not like it's hurting anything being underground on your property.

BTW: The fence on our lot was not on the property line when we moved in. Our lot is shaped funny, and our yard goes 3 feet on the other side of the fence. We didn't know until we had a survey done for our pool permit. Unfortunately there's nothing we can do about it. Of course they don't take care of any of their yard and they'll NEVER move because their house is paid for ugh...
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