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June 2, 2007
fence and propery line....
The rear fence in my back yard is around 2' inside my property line. The fence is rusted and old and I want to install a new one in the proper place. I had a brief conversation with the neighbor who basically said that the fence was there for 45 years (its there for around 20) and that he prefers I paint it but not remove it (not really an option) I insisted on replacing and he said "do what you want" and walked away angrily.
I have a detailed survey and I had the surveyor stake the rear line exactly 3 feet into my property so Its easy to find the right property line.
the question is: can i simply hire someone and instruct them to put the fence where it needs to be? whats the worse thing that neighbor could do?
thanks
Comments
The neighbor can do nothing. It's your property. Just don't erect a fence taller than the six foot height allowed.
Posted by: Anonymous at June 2, 2007 11:14 AM
Adverse Posession:
Can your neighbor claim that he has been using that 2 foot piece of land for the last 45 years without anyone claiming otherwise?
http://en.wikipedia.org/wiki/Adverse_possession
Posted by: Archie at June 2, 2007 12:06 PM
why not just install the new fence exactly where the old fence is? That way, you don't have the above issue. Unless you really want the extra 2 feet.
Posted by: Anonymous at June 2, 2007 5:38 PM
Does he have anything on your property? Is he using that two feet? If not, just install your fence. Why did you talk to your neighbor about it anyway if it's your fence? It's easier to ask for forgiveness than permission.
Posted by: Alex at June 2, 2007 6:19 PM
The Times had an article about this a couple of years ago which suggests that your neighbor has a really case to make that you cannot move the fence. Think the period of time was 10 years, but can't remember.
Posted by: Brownstoner at June 2, 2007 6:43 PM
You move it and neighbor takes you to court. Neighbor wins. 10 years is correct
Posted by: Anonymous at June 3, 2007 4:38 PM
I spoke my neighbor next door whose rear yard was also shaved by 2' or so and he told me that there used to be a large hedge there and one day that other neighbor ripped them out and replaced it with that fence. So the fence was erected by him but beyond his property line. my yard is 40' wide and around 20' deep so 2' is significant especially since he just lets weeds grow there and is doing nothing with it.
Posted by: Anonymous at June 3, 2007 8:40 PM
didn't you get a survey when you bought the place? i'd use that rather than anything else to establish the boundary lines of your property. that's how i found out that my house's lot 'acquired' an extra foot from my neighbor sometime in the '60s through adverse possession.
Posted by: Anonymous at June 4, 2007 9:02 AM
got a survey and it shows the fence is in the worng spot... did the owner in the 60's actually go to court to claim possession for that 1'?
Posted by: Anonymous at June 4, 2007 9:23 AM
According to the deed and survey the extra 2 feet is yours. Put the fence where you want it. it does not sound as if he is claiming ownership of the land, just offering an aesthetic opinion. Your neighbor does not automatically "adversely possess" the 2 feet simply because the fence was not on the property line. A court will award possession if he can show that he used the property as his own without an implied or explicit agreement that it is your property that you have (graciously) let him use all these years.
Posted by: keep at June 4, 2007 10:50 AM
According to the deed and survey the extra 2 feet is yours. Put the fence where you want it. it does not sound as if he is claiming ownership of the land, just offering an aesthetic opinion. Your neighbor does not automatically "adversely possess" the 2 feet simply because the fence was not on the property line. A court will award possession if he can show that he used the property as his own without an implied or explicit agreement that it is your property that you have (graciously) let him use all these years.
Posted by: keep at June 4, 2007 10:50 AM
It seems to me that 'put the fence on the property line' or just inside it is the right advice. I personally would consult my lawyer first however, and be prepared to defend myself according to his/her advice and consider it part of the process. It is probably not guaranteed that the neighbor can win a case through adverse possession, unless the case meets certain tests, and your lawyer would know what those are.
Posted by: anon at June 4, 2007 11:20 AM
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