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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.
it is not uncommon to erect a fence 1-2ft inside one's property line. if i planted a line of evergreens 3 feet in my property, the neighbor can't assume that that land adjacent to the treeline to the property line is now his. neighbor cannot mow into my property either. these things need to be explained. neighbor must leave the grass alone, that would be my responsibility.
this is COMMON SENSE. no, you don't need a lawyer to tell u that. many people don't erect a fence right on the borderline, where i live, oftentimes you see two separate fences erected by both neighbors separated by 4-6 ft or more of land to access both sides. i never heard of this being an issue. these lawyers are just making $.
that the neighbor installed sprinklers into OP's property is the neighbor's fault. he most likely made an innocent mistake. the OP needs to tell seller to move them back to his property line or else he will have to consult a lawyer. that is the only time OP should consider a lawyer, if neighbor refuses.
claiming adverse possession is only when structures are involved.
Last edited by HarryHaller73; 07-15-2016 at 11:07 AM..
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.
To you it's petty and a quick fix. It doesn't sound like there's a lot of cooperation going on with the neighbors and buyers. Could get real ugly real quick. The OP doesn't have forever to do something about the encroachments. Who said it would cost up to $2000 to hire a lawyer?
While I am not going to disagree that it would be wise of the OP to talk to an attorney, I know from experience that often when new folks move-in they might be a little stressed and it is worth trying to calm things down instead of escalation.
Many towns have some kind of "alternative property dispute" process that may involve a trained mediator that can help de-escalate this at low / no cost -- worth exploring that possibility.
There is a long history of folks blowing these things way out of propotion and it would be a shame to not try to make peace before getting a new fence.
The problem with mediation is that you have to agree to abide by their decision. They end up acting as judges without the license. I wouldn't use them for this type of problem.
Cayenne,
You know what? I totally agree with you. I would put that fence right down the property
line too. I would do it.
End of nonsense.
If they don't like it, that's too bad.
No more drama.
That is why you got a surveyor anyway? Just make sure you install the fence a couple
feet over from the property line that was marked.
End of story.
Good fences make good neighbors.
If you have ever been involved in a perceptive easement dispute, would consider $2,000 or more reasonable.
I have been involved in a problem with an easement. Cost a couple hundred bucks for the lawyer to draw up the paperwork and file it with the town. Certainly wasn't thousands.
Cayenne,
You know what? I totally agree with you. I would put that fence right down the property
line too. I would do it.
End of nonsense.
If they don't like it, that's too bad.
No more drama.
That is why you got a surveyor anyway? Just make sure you install the fence a couple
feet over from the property line that was marked.
End of story.
Good fences make good neighbors.
In some areas, you can't put a fence directly on your property line. In my town, your fence must be a minimum of 18 inches in from your property line and you must submit a survey with the fencing plotted. Fun times!
I love how everyone's first option is rack up attorney fees. Considering this is not a unique situation the city should have a process to resolve it.
Most neighbors are pretty reasonable. I am sure that tensions are high between the buyer and seller and you are getting the spill over from that. While every situation is different, I highly doubt that the new owners want to start off in their new place on a bad note with someone they are going to live next to foreseeable future.
Are they aware that you have every right to what you mentioned (ripping everything out)? And when you say "freak out" what is that mean?
The city does not "resolve it" -- except in court, which is how the city resolves issues like this. What do you mean, let the city resolve it? You think the police are going to come out and shake their finger at everyone and say, "Play nice, now"? An hour or two with an attorney is cheap compared to losing your property and decreasing your property value due to an ill-conceived prescriptive easement. The OP's laissez-faire attitude about the fence and the encroachment, while neighborly, may end up biting him in the butt.
The problem with mediation is that you have to agree to abide by their decision. They end up acting as judges without the license. I wouldn't use them for this type of problem.
Mediators don't make decisions, they facilitate communication between the parties. If any sort of decision is reached, it's based on mutual agreement of the parties.
You might be thinking of arbitration, in those cases, the arbitrator is empowered to issue a decision. They are usually practicing attorneys, sometimes retired judges. I would not suggest participating in an arbitration without your own attorney but arbitrators are generally going to be as knowledgeable about the subject as a judge.
Take it to an attorney and have them explain the next steps. Although you own the property, there is a possibility that time and circumstances has granted them a Prescriptive Easement over your land. The issue is fact and detail based so it's time for an attorney.
(Note: A prescriptive easement is not adverse possession or a deeded easement)
Laws vary in different States. Consult an Attorney in order to avoid problems down the road.
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