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Most sensible people will hold a neighbor type fence back from their line (eg @6" to 12").
The extra foot he sacrificed is also sacrificed to that same good intention.
He may have just volunteered to give you some land. See a lawyer.
Even if he (or a later owner) removed the fence at some future point
I suspect that the LAND might/should still be yours.
I think you have it backwards. What difference does it make if I put a fence on my land that looks like a corn maze, runs down the middle, three feet inside the line, or right at the line? Only difference that I can see here is that cost of construction was shared and the idea was a fence of mutual benefit.
What state is the OP in? He should be careful about taking advice.
I think no matter what state, it's never going to be a bad thing for him to have a neighboring fence entirely on the neighbor's property. As long as he doesn't start relying on needing that two feet of corner, it's of no consequence.
At the house where I grew up, we had a neighbor who poured concrete over the property line about 8 inches. They added another parking spot to the right of their driveway. I don't think they said anything to my folks at all. They just did it and there was no discussion about it. They did put a basketball goal up and we shot baskets there quite a bit. They lived there over 40 years. Years later, we sold the house and I don't remember that the property line was an issue at all. The house sold right away.
As long as the neighbor is fine with leaving the fence where it is, and as long as you realize that the neighbor could move it at any time, I don't see a problem with leaving it where it is. It would be a bit different if you were the one who had lost the use of some property.
Where I live before putting up a fence you have to get a permit which requires at least a sketch diagram showing where the fence is in relation to marked property lines (every property I know of here except some very old ones in our town have pipes or rebar at the corners). I can't imagine putting up a fence without knowing where the property line is.
My municipality does issue fence permits, but we are not surveyors. We accept the survey as fact, like any other third party inspection or certification. Same goes for the plot plan, where you sketch the fencing along the property lines and we accept that as true. The inspector isn't taking out his tape measure or wheel to verify dimensions.
Sounds like the neighbor is getting everybody on the same page regarding the properties. Even if you decide not to do anything now, I would seriously consider having the fence relocated to reflect the actual property boundaries in the case that either of you decide to sell.
I think no matter what state, it's never going to be a bad thing for him to have a neighboring fence entirely on the neighbor's property. As long as he doesn't start relying on needing that two feet of corner, it's of no consequence.
Well, yeah.
But, your note about survey and "a grievance with the city/county?"
That is what prompted the question. Such a notion would be irrelevant in a great many areas.
Well, yeah.
But, your note about survey and "a grievance with the city/county?"
That is what prompted the question. Such a notion would be irrelevant in a great many areas.
It’s just a note about not putting anything in the title report reflecting this issue that would cause drama during a sale later. I can’t imagine why either party would do that but you never know :-)
Have a fence agreement executed that says that the property boundaries are not changed by the position of the fence. The fence is not intended to provide information about the property line. Also, neighbor is granting temporary use of the property between the fence and the property line to the OP.
Because of trees and other natural "wonders", I couldn't install my fence on the property line, but rather inside on my property. I had a lawyer draft the fence agreement, had my neighbor agree to it and then had it filed with the land records of the town. It became part of the title definitions and transferred to all new buyers of either property. It also stopped adverse possession of the property by the neighbor or subsequent buyer.
I sold the property without any problem. The fence agreement made it easier to sell because everyone knew at the beginning where the actual property was.
Have a fence agreement executed that says that the property boundaries are not changed by the position of the fence. The fence is not intended to provide information about the property line. Also, neighbor is granting temporary use of the property between the fence and the property line to the OP.
Because of trees and other natural "wonders", I couldn't install my fence on the property line, but rather inside on my property. I had a lawyer draft the fence agreement, had my neighbor agree to it and then had it filed with the land records of the town. It became part of the title definitions and transferred to all new buyers of either property. It also stopped adverse possession of the property by the neighbor or subsequent buyer.
I sold the property without any problem. The fence agreement made it easier to sell because everyone knew at the beginning where the actual property was.
I still don't understand how a fence inside a property line means anything at all. I the concern comes when MY fence enroaches on the neighbor's yard. And maybe that's where the question is; it isn't understood whose fence it actually is.
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