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Old 05-15-2021, 04:23 AM
 
2,366 posts, read 990,490 times
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Quote:
Originally Posted by MikeJaquish View Post
What state is the OP in? He should be careful about taking advice.
Exactly...Fence laws vary widely from state to state and even within a state. Adverse possession laws also vary. Regarding fence laws, in my county, we still go by old fence in/fence out laws which have their origin from the colonial era. I can be required to pay 1/2 of my neighbor's fence costs. Of course, that can cause ill will and even death as in a case in VA a few years ago, where even after the case was heard by the state Supreme Court, one of the parties murdered the other.

https://fredericksburg.com/local/law...5156c13e1.html

Last edited by webster; 05-15-2021 at 04:33 AM..
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Old 05-15-2021, 05:14 AM
 
19,456 posts, read 11,113,525 times
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Quote:
Originally Posted by webster View Post
Exactly...Fence laws vary widely from state to state and even within a state. Adverse possession laws also vary. Regarding fence laws, in my county, we still go by old fence in/fence out laws which have their origin from the colonial era. I can be required to pay 1/2 of my neighbor's fence costs. Of course, that can cause ill will and even death as in a case in VA a few years ago, where even after the case was heard by the state Supreme Court, one of the parties murdered the other.

https://fredericksburg.com/local/law...5156c13e1.html
Between tree removal, stump grinding, a survey, and the bill from the fence company, I paid over $6k for 81 feet of 6’ cedar plank fence to replace a failed Home Depot-grade stockade fence on one of my lot lines. I put the more attractive board side facing me. For $6,000 at my expense, why would I want to look at the side with the cross members? The zoning bylaws restrict fence height to 6’ and say nothing about “good side”. If my neighbor wanted the board side, they could have paid for the fence.

The fence that a neighbor put up on my back lot line 12” onto their side had the cross members facing me. I looked at that for 9 years until the fence failed and the newer owner removed it. They put up a 4’ wire fence coated in green vinyl to keep their dog in the yard. Between the two of us, we have enough holly and rhododendron for a natural barrier and the wire fence is almost invisible. Enough of the barrier is 10’ tall that we can’t see their windows from our back deck. In another few years, we won’t be able to see that house at all.
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Old 05-15-2021, 05:30 AM
 
Location: Ohio
6,649 posts, read 2,561,541 times
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Since a fence is not a permanent structure, to me it does not seem like a serious issue. This would have to be clearly disclosed when you sell the property one day. Neighbor is losing the use of that corner of his property so maybe he will decide to change his fence line. That would be up to him.

Much bigger problem when a STRUCTURE is encroaching I have ran into that before with a parent's property. That will require resolution when the property is sold.

In any case as others have mentioned it would be good to check the local laws, and if you know a real estate attorney, ask him/her about it.
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Old 05-15-2021, 08:37 AM
 
Location: North Carolina
478 posts, read 800,357 times
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Quote:
Originally Posted by NY Annie View Post
In many locations, fences/walls are required to be built WITHIN the property line, not on it, for the purpose of maintenance.

At this time, there's no reason to do anything. EXCEPT note that the fence is not on your property, not on the property line, therefore you have no responsibility by law to maintain said fence.

It sounds as though your neighbor is not going to hassle you, so do not hassle him/her. It is where it is, you both can enjoy the fence/privacy so don't make waves or get all worried.

Until you have a proper survey done of your own property, you have no idea if, in fact, you did not lose any yardage or maybe your other side property line is also incorrect. I remember a Dick VanDyke TV show about this very thing.

Yep, this is how the previous owner of our house had our horse pasture / rail fence installed on the side property line of our land. Our fence is five feet inside (toward our house) of our side survey. New neighbor moved in and installed a wire and post fence along that same line but another five to fifteen feet inside his survey (toward his house). Now we have such a large easement of grass between our fences - mostly on his side - that I asked permission to just mow his side of the open space as well while I'm out there with the tractor, but stay a good foot clear of touching his fence with the belly mower. He was delighted to have me do it--- less work for him.
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Old 05-15-2021, 08:54 AM
 
Location: NC
7,869 posts, read 10,397,092 times
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It’s normal to have wide spacing between pastures on horse farms. It prevents horses from nipping at each other over the top of a single fence. It also can allow space for riding through on horseback or via a work vehicle as you have discovered.
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Old 05-15-2021, 09:03 AM
 
Location: North Carolina
478 posts, read 800,357 times
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Quote:
Originally Posted by luv4horses View Post
It’s normal to have wide spacing between pastures on horse farms. It prevents horses from nipping at each other over the top of a single fence. It also can allow space for riding through on horseback or via a work vehicle as you have discovered.

Definitely. Though we didn't get into the fence and then second fence thing ;o) ---prevent horses from jumping over the line. And yep, we have a neighbor who rides his four wheeler between my property and next door in that easement, to get back to the big horse farm behind us. Would be great for horseback too, though back neighbor doesn't ride toward the road.

Last edited by gball721; 05-15-2021 at 09:16 AM..
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Old Today, 01:39 PM
 
Location: Columbia SC
12,142 posts, read 10,476,316 times
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I had the same issue as the OP but in involved a driveway. There was about 30 feet between my driveway and my neighbors driveway at the front of our property. In the middle was a granite marker that for years everyone thought was our property line. Turns out it was not the property line and the front edge of my driveway was on his property. I suggested we "shift/tilt" the property line so as no one lost any property. I said as I am the one with the problem, I will pay to get it corrected. He agreed. This was some time ago and by the time all was done it cost me less than $1K. Look at doing similar.
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Old Today, 03:00 PM
 
Location: Raleigh NC
22,544 posts, read 11,790,968 times
Reputation: 13213
Quote:
Originally Posted by JONOV View Post
He sent you the letter because it establishes that he recognizes the issue, and that he's ALLOWING the fence to remain, which protects him from you saying "It's ours, Adverse Posession!" The survey stakes also help establish that.

I'd probably do nothing with the knowledge that if he sells before you do, the new homeowners may want to move the fence or use the space.
Quote:
Originally Posted by MrRational View Post
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.
without practicing law, the first post I have quoted is very correct and the 2nd is not.
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Old Today, 03:29 PM
 
Location: North Beach, MD on the Chesapeake
36,952 posts, read 48,206,703 times
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Man, some of you guys really know how to complicate matters: do a minor sub-division to redraw lot lines, guard against adverse possession (which is harder to do, by a lot, than most people realize and isn't an issue for the OP), resurvey the neighborhood and adjust everybody's lines.

We used to have a fence dividing our lot left to right, creating two 50 ft.X75 ft. sections, and no one thought that the back half of the lot belonged to the adjacent property or was subject to an adverse possession action (which is really hard to do in Maryland anyway).

I will say that the one neighbor thought the side fence was too close to his house because someone told him the setback was 8 feet. Which it was then but not when the vacation cottages (of which his was one) were built on the 25 ft. wide lots.
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