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So, its a lawn that is sitting on your property? No structure just grass?
I am not understanding the gate and fence issue. You are saying that you both have a shared gate that happens to be on your side of the yard. You also state that a fence seperates the two back yards. Did I get that right? So if you open the gate you have access to both back yards?
When the homes were built did they have specific set backs? For example out home has to be 5 feet away from the property line at both sides of the home. We also have a fence that runs between the property lines and lucky for us, we have our own gate on each side of our home. Next door to us our garage and the neighbors garage are just over 10 feet apart.
In newer neighborhoods they crammed the homes together with one home on the property line and the next home five feet off the line. In those homes that are built on the property line you would use the gate on the other side of the home to get into the back yard.
So, its a lawn that is sitting on your property? No structure just grass?
I am not understanding the gate and fence issue. You are saying that you both have a shared gate that happens to be on your side of the yard. You also state that a fence seperates the two back yards. Did I get that right? So if you open the gate you have access to both back yards?
When the homes were built did they have specific set backs? For example out home has to be 5 feet away from the property line at both sides of the home. We also have a fence that runs between the property lines and lucky for us, we have our own gate on each side of our home. Next door to us our garage and the neighbors garage are just over 10 feet apart.
In newer neighborhoods they crammed the homes together with one home on the property line and the next home five feet off the line. In those homes that are built on the property line you would use the gate on the other side of the home to get into the back yard.
Yeah. The original post is completely unclear. If it's a fence that's in the wrong place, the solution is simple. Remove the fence and move it to the property line. That one happens thousands of times every year where someone learns the fence is located in the wrong spot. If someone had a fence encroaching on my land, I'd rip it down and ask the neighbor if they wanted to split the cost of the replacement fence at the property line. If they declined, I'd get the pretty side of the fence and they'd get the ugly side. The fence posts would be on my property millimeters from the property line. If the fence is on their property, I'd happily pay half to move the fence to the property line when we both had the free cash flow to pay for it.
If it's been there for a while, it might qualify under adverse possession law to just take the land. Most places, a new buyer can't use that law to their favor if the fence is on your land. If the fence is on their land, you could probably lawyer up and try to take the land under adverse possession law but then you'd be living next to a very upset neighbor.
If it's a structure, get an attorney. That's a mess.
this is so petty. just split the cost of a new fence. have seller move his sprinklers back onto his property. that doesn't cost much and it doesn't mean he needs to rip out the entire lawn. it doesn't sound like the OP's been "accomodating". i bet the seller and buyer's lawyers have been sending him letters and calls, and ignored.
this isn't "drama". this is something that you have to deal with. sounds like the OP's been a bit too "mellow" and avoiding it until now after the other parties have become so frustrated with him.
this is so petty. just split the cost of a new fence. have seller move his sprinklers back onto his property. that doesn't cost much and it doesn't mean he needs to rip out the entire lawn. it doesn't sound like the OP's been "accomodating". i bet the seller and buyer's lawyers have been sending him letters and calls, and ignored.
this isn't "drama". this is something that you have to deal with. sounds like the OP's been a bit too "mellow" and avoiding it until now after the other parties have become so frustrated with him.
It's not petty. There are legal ramifications for issues like these. It's not always just as simple as moving something or getting someone to split the cost of something. No one is required to split the cost of anything.
Why does the OP need to be accommodating? When one buys property, they own all of it not pieces and parts of it.
It's not petty. There are legal ramifications for issues like these. It's not always just as simple as moving something or getting someone to split the cost of something. No one is required to split the cost of anything.
Why does the OP need to be accommodating? When one buys property, they own all of it not pieces and parts of it.
it is petty, because it's a quick fix. it's not structural encroachment. people waste their money on lawyers. many issues like this are often settled by talking. these agreements can be drafted in 5 minutes. "i agree to co-pay 50% for the new $100 gate" signed. if OP wants to be stingy, then he should tell the seller/neighbor to pay for it all. the seller has really no options. any issue is something dealt with small claims court. for the seller, he has to pull his sprinklers 2 feet into his property line, because the buyer's lawyer has issue with it and future liability. this has no relevance to the OP. they're the ones who fear the OP, that he may sue one day. and if the buyer's lawyer never brought this up, everyone would be happy. lawyers love stirring up trouble.
the OP has zero liability issues here. why in the world would he put up $2000 to hire a lawyer. it's all on the seller and buyer. the OP is simply not cooperating on a timely basis is why this is an issue taking a why do i have to deal with this mentality.
Last edited by HarryHaller73; 07-15-2016 at 10:36 AM..
It sounds to me as though the original owner of OPs property put OPs fence within the property line on OPs side, meaning that it was not a border fence. The 1-2' of property on the other side of the fence were the original owner's to maintain and to use for accessing the other side of the fence.
But since the OP was not aware the fence was within his property line, he did not maintain that portion of his property on the neighbor (seller's) side.
THIS is why an attorney must be consulted as it is very possible the Seller or Buyer of the neighboring property may try to claim adverse possession and the OP needs to at least know what his rights are and whether to proceed with legal options or to try to work out a solution amenable to all parties.
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