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Additional Details
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stuntdrvr108 | What should I do about this fence dispute with my neighbor? |
A few months ago me and my neighbor both mentioned we were planning to fence in our backyards. I suggested to him we could save some money by sharing a boundry fence. He refused that offer.
I put up my fence first and I purposely put the side fence 6 inches off the surveyed property boundry because I didn't want to share the fence with my neighbor. (Unless he was willing to share the costs)
Yesterday he started his fence and it's clear he's trying to connect with my fence in a manner which gives him free use of a large length of my fence. This despite the fact that the existing fence is clearly on my property. It's clear to me he's attempting to get something for nothing. His plan all along was to wait for me to put up my fence so he could incorporate some of my fence into his backyard fence.
Part of me wants to say, "Is going to be worth it, to start a war with my neighbor?by taking legal action against him? Is 6 inches of dirt worth all that trouble? The other part of me thinks, "If I don't make a stand on this obvious encroachment onto my property, then for the rest of my days in this home he's going to think he can walk all over me on any other neighbor dispute that may come up in the future."
A note of importance is we've already had to complain to him on three seperate occasions his electric guitar and drum set were loud enough to shake our walls. So obviously he's not the kind of person who cares much about his neighbors.
Should I take action against him? or
Should I just let this one go? |
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AnnaBelle
|
I don't know what action you would take against him; it was your decision to put the fence 6 " inside your property line. it would be difficult to enforce him not using that 6" of property, unless you were to construct a second fence, right on the property line.
However you do have a problem here, because those 6 inches will begin to belong to him if he can claim he had an easement that allowed him to use that property for a period of time. Definitely check with an attorney on this one.
By the way, I don't think the neighbor is considering this as being able to get away with something, or taking advantage of you just for the sake of being belligerent. From his perspective, he probably thinks that using an existing fence is a practical solution for dividing the property between your two homes.
What would you have done in constructing your fence, had there already been a fence there... you might have connected to the existing fence, too. |
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I am Me
 |
Take action, if you let him do this, then next time it may be something more important, and he'll think you'll just let him again. |
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xvireroca
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if its all the little things that bother you know like 6 inches of dirt or a picture frame rattaling on your wall...just wait till its the "Big One"...or not...sue his f ckin ***, its your god given constitutional right... |
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ironcitymomma
|
We had almost the same thing happen to us. We were here first and decided not to use all of the property boundary lines to put up a fence. We are almost 3 feet inside our property line. When our neighbor put up his house he asked if he could tie into our fence. At first we didn't see any harm but after thinking about it we decided it wouldn't be a good idea. First, he would be saving on that extra line of fence. Second, if we were ever to sell, then he would have to tear it down because he would be at least 3 feet onto our side. Six inches of dirt might not be enough for you but it's really your land that you are letting him take. If you were ever to sell and have it surveyed he would end up losing that anyway. So, yes, I would make a stand.
By the way, my neighbors understood and decided to do the same thing....probably 3 feet inside there property line. Now we have a good distance between fences and we both take turns mowing the middle. |
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jules vane
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I've got the same problem with mine, although I left 2 feet on the other side of my fence which he planted flowers against. Wish I hadn't left an inch! |
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owen a
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**** him up |
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bigwallet
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as painful as it may be, i would take the fence back down and move it back over the six inches to the property line so you do not lose it (6 inches). if he decides to hook onto your fence he will need your permission, but he can freely put his corner post next to yours without charge. only in most cases of shared fencing costs are if the property is for livestock. and then the person who hooks into it would have to pay half of what the original price of the fence was. so keep your receipts. i would not worry about the friendship with them as it seems he may be a deadbeat. neighbors come and go but since you do have to live next to him for who knows how long...maybe just give in and keep the peace. good luck!!! |
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Tanvir
 |
Go to the council. They will inspect the noise and your neighbour should have to move out |
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n2mama
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Call the city office where you live and ask if they can help you with this. They may be able to, and it won't hurt to ask. If they can't (or won't) you could contact an attorney and go about it that way. If he ends up building a fence on the property line, what will you do with those six inches in between? Hope no grass grows? And have you actually talked to him about this since he started his fence? I suppose you could always talk to him first about the fact that your fence is actually inside your property line, and if he ties his fence in to it, he'll have to move it. It can't hurt. |
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MM C
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Get an attorney and send him a letter telling him that he has to pay the sharing cost of the side fence unless he put his own fence next to yours which I think is ridiculous. No one would put double fence and actually cost more for both of you. If he doesn't pay, take him to court for a judgment.
Even you both have a dispute or court case doesn't mean you become enemy to each other. Your warning letter can be written in a polite way even you're planning to take him to court. You have to be firm of your right on your property. |
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Gertie
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Wow I totally understand your frustration the people who bought the place behind mine (we use the same driveway) decided since they are only going to use the place on occasion they wanted to fence off the front of their place they never asked and have put the fence right on the property line and I have to agree with you is it worth fighting over in my case No it actually looks really nice.
However for you I would make him pay for 1/2 of the fence since you talked about it he knew at some point you would put a fence up so he waited for you to at least put in the section that would help enclose his backyard. If he sells his property that is going to be an added bonus that he didn't have to pay for And you gave their place an additional 6 inches which may not seem like a lot but really is. |
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inwardbound
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I was about to ask a question about fencing myself and I came across this question but this is totally different to an extent! Well, obviously he doesn't care BUT it is his house and he is inside; you should look up your city noise ordinances and see if that qualifies! But about the fencing that is messed up that he did that; would it be too much to take down the fencing and not the posts to which he is trying to connect to; so he will realize that he should have made a deal!? |
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GivinTakinKnowin
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This really doesn't help you too much, but what I would do it move my fence 6 inches back so that it is right on the property line, now you can 6 inches of yard and you are keeping him isolated which was your main purpose. I think you just need to figure out what you are looking for, do you want to get the most out of your yard, or do you want to make this guy "pay" for something that he is using as much as you are? |
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Dan
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have a barking dog. |
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