When we bought the house last summer we got the survey that showed our property line which is the row of bushes. Now in front of the row of bushes is a chain link fence then a wood fence. I guess none of the other previous owners could have been bothered with removing the old fences.
Our neighbor, who is old, is NOT SO nice. That description is being generous. She has threatened to sue more than a few of people on the block. She has even called the Buildings Department on her other neighbor. Also called them on the previous owner per the public record. Now many of these complaints were from when she was a bit younger. She is making our life very difficult.
So my questions is how do I go about getting the fence pushed back to the property line. I am told that since the bushes are the line I do need her permission which was made very clear by her screaming and yelling at me and threating to sue me that I can not take them down.

What can I do? The owner has made it very clear that she is not giving us an inch and even feels that our fences infringe on her property line and our survey is “fake”.

From the bushes to the wood fence is 1’7″ basically that is wasted space that no one is using because of the bushes and fence. Also the owner’s yard is a complete disaster. Filled with leaves and debris. She does not use the area and has not had that yard cleaned in who knows how long. All her landscaping or lack of it is all overgrown and out of control.

What can we do???


Comments

  1. Your survey (and presumably title insurance) will defend you from her claim of title to the property shown on your survey. I would hire a reputable contractor to install a legal fence (appropriate in relation to the line) and put the ball in her court. If she is able to bring a successful adverse possession claim (a difficult claim to prove) then your title insurance company owes you the reduction in the value of your land. See an experienced real estate attorney immediately.

  2. Get a good real estate lawyer to consult first. If you don’t have one I can recommend one. Proceed from his advice.

    Are the bushes an eyesore as well or do you just want to pull the fences down?

    But you need the surveyor to mark the property no matter what

  3. I am going to fax him a letter with a copy of our survey and ask for him to offer me the same courtesy and fax me hers so we can come to an amicable agreement as to where the line is.

    I am sorry everyone I have tried several time to post a photo but I keep getting a survey error.

  4. Why don’t you try to deal with her real estate lawyer son-in-law. At least you’ll be able to communicate in semi-rational manor, and he might have some sway if the law is really on your side.

  5. I love the shot gun Idea!!!

    I am think and agree with just removing both fences and leaving the bushes. Her daughter did say I do not care what you do with your fences…

  6. Kill the trees late at night. Bleach is cheaper than Roundup. When they’re dead you’ll be able to claim they’re a hazard. Then you can call the dob on her since they could blow over in a storm and damage your house.

  7. Leave the bushes, you probably want then there anyway to delineate the property line. Take out the fences. Let her take you to court, if she has the money. As far as adverse possession goes, it’s for her to prove.

  8. Pull the fence. PUll the bushes.

    Build a new fence.

    Pull up a rocking chair, take a seat, with a loaded gun and a bottle of Jim Beam.

  9. Yup, agree with Ife and stoner. This is often a complex issue involving easements and adverse possession. The particulars and time periods of “open and notorious” use vary from state to state.

    That’s why you sometimes see those brass plaques in sidewalks that say “permission to pass upon this property may be revoked at any time.”

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