Property Line? (mortgage, how much, new house)

[In the Pink]

We're about 3 weeks away from moving in to our new house and our neighbor, who is already there, has put up a fence between the houses which is causing us some concern. Our air conditioner is on that side of the house, which is the side where his driveway and port cochere is. We're guessing he either doesn't want to see it or is concerned about noise. The problem is that I had an inspector do a walk through on the house about halfway through and he saw where the A/C pad was and said that if there was going to be a fence there it would be a drainage problem because there was only about 8 or 9 inches to where the fence would be and since that is where the builder has the drainage slope to the street, we would end up with water pooling there. But we weren't having the fence go out that far, just to the back of the house, so it wouldn't have been a problem. Now that the neighbor has extended the fence, we can see that not only might we have the drainage problem that the inspector mentioned, but we're also concerned about the ventilation of the A/C unit since all our research shows there should be a minimum 2 foot clearance on all sides, and lastly, we can't even get past the A/C to mow the area between the unit and the back fence now.

My question is, if he simply extended the fence the builder built around my yard, isn't he building on my property? How do property lines work? Is the inch on one side of the "line" my property and the inch on the other side of the line his property or just how wide is the property line?

If these issues truly do exist, will it pass inspection or will the builder have to deal with the fence issue, but even if he does, what prevents the neighbor from putting the fence back up after we've moved in?

[johnrex62]

I have never heard of a definition of the width of the property line. I have always treated it as a string line and never worried about it's exact properties. I think as long as you are on your side of the middle of the property line, regardless of it's thickness, you are okay. It is difficult to determine an property line to such a degree of exactness that fractions of inches can be reliably applied.

You can avoid a drainage issue by allowing for water flow under the fence by lifting the bottom or installating a drainage culvert of some type sufficient for the amount of water flow anticipated.

The is nothing you can do about the fence blocking airflow if the design did not consider the placement of the unit with sufficient airspace around it. You can relocate the unit (if practical) or hope that airflow on the other sides is adequate to permit normal operation.

It sounds like you will have to resort to a weedeater to access that section of the property the mower cannot reach.

[In the Pink]

Originally Posted by johnrex62

I have never heard of a definition of the width of the property line. I have always treated it as a string line and never worried about it's exact properties. I think as long as you are on your side of the middle of the property line, regardless of it's thickness, you are okay. It is difficult to determine an property line to such a degree of exactness that fractions of inches can be reliably applied.

Well, I know it sounds like I was splitting hairs, but I've heard discussion before about which side of the property line a fence is on but never understood how it could make that much difference if it is, like you said, sort of a chalkline, which is all I ever imagined. That's why I'm asking the question. It seems like if the builder put the fence up around MY yard, and he's extended that fence line exactly, then he's building on my poperty. I'm just not sure how much difference it would make if he were to have to move the fence.

Originally Posted by johnrex62

You can avoid a drainage issue by allowing for water flow under the fence by lifting the bottom or installating a drainage culvert of some type sufficient for the amount of water flow anticipated.

That's the only thing I've been able to come up with also is to just cut the pickets off at the bottom, but if it's his fence, I don't know if there's anything I can do to make him do so. That's why I'm wondering if it's on my side of the property line, then it makes it my fence.

Originally Posted by johnrex62

The is nothing you can do about the fence blocking airflow if the design did not consider the placement of the unit with sufficient airspace around it. You can relocate the unit (if practical) or hope that airflow on the other sides is adequate to permit normal operation.

That's the thing, the builder's rep is the one who suggested we move the A/C from the back of the house to the side! Of course, since we weren't putting a fence there, there was no need to consider airspace. We've driven through the neighborhood and have seen quite a few of the a/c's on the side of the house, next to someone's driveway, and apparently it hasn't been a problem for anybody else, but my neighbor has decided to build a fence.

Originally Posted by johnrex62

It sounds like you will have to resort to a weedeater to access that section of the property the mower cannot reach.

Well, yes, but the space between the a/c and the fence isn't even big enough for us to squeeze through! I guess we'd actually have to put a gate in at the corner of the house where the fence is now.

[Poltracker]

You should have had a survey conducted when you purchased the new house and your corners should have been marked with flags. Look for the survey flags (or find the original pins) and determine if the fence is on your side of the property line. The fence should also be marked on your survey. If it is on your property, kindly ask your neighbor to remove his fence to his property <put a reasonable date> in writing w/return receipt. If you did not have a survey conducted, you may need to have one conducted, especially if you are not sure who owns the existing fence. Not all fences are built along the property line and you need to determine who is responsible for maintaining the existing fence.

[loves2read]

by not contesting the line of the fence if it does indeed impinge on YOUR property line and cross into your property--you will set the stage to allow the neighbor to take adverse possession of that portion of your lot--basically he is claiming it as HIS now by having the fence where it is

check the metal pins--they are often difficult to find but should be just a little below ground level since this is new construction--look at your title/mortgage papers--think there should be a survey copy showing how property lines run and you should be able to get the location of the pins --- of course if the fence has cut off part of your line--that pin will be inside HIS fence...
you might call the city inspectors and see if they can help you out...
I think they would have red-flagged any hard construction like that a/c pad if it was that close to property line--unless this is a 0-lot-line home/development where fences are allowed much closer to physical property...

[Wysiwyg]

your neighbor just started your gardening space/toolshed you can box in the area, kill the grass, correct the slope and put some homemade "flagstone" (as opposed to refering to it as concrete slab), put some weatherproof cabinets, tool rack, a sink, park your mower/bbq grill, patio furniture etc. the space i converted is 3'x45' ... its very useful and my neighbor is dying with envy