• Welcome to OGBoards 10.0, keep in mind that we will be making LOTS of changes to smooth out the experience here and make it as close as possible functionally to the old software, but feel free to drop suggestions or requests in the Tech Support subforum!

Neighbor building a fence in my yard

You already have some good suggestions. First thing I'd do is provide a copy of the survey directly to the fencing contractor, in addition to your neighbor. I would tell the fencing contractor you've noticed they have moved your stakes, and you want to ensure there is no confusion about the location of the property line. If they are pros, they should care about the survey.

Aside from that, your local government is not going to help you on this, as it is a private dispute between you and your neighbor. If on the day of the contractor begins erecting the fence on your property and won't stop despite you telling them to stop, then you can call the cops.
 
KitchinDeac said:
Certified letter. Enclose a copy of the survey. Recount the discussions that you have had including his acknowledgment that the markers have been moved. Tell him if the fence is built on your property that you will have it taken down.
Click to expand...
This, and find a way to get a copy of the letter to the fence guy. He won't want to start work if the fence line is in dispute.
 
Ok. So I go home and there is another stake in the ground at one corner. It's about 5 inches in from the stake I think has moved 3 feet. Neighbor is grilling and says he measured the fence panel and that the new stake marks where the new fence will end. I say I'll take a look. I do, but I still think the stake moved. I go to his house with a gift card and two movie tickets. Hey neighbor, feel bad about the tree falling and taking out your fence, sorry if you think I'm a bother, here want to give you and your wife a night out. He says no, we're good. I say that I think the stake moved. He says no, he's sure it's right. He says he even pulled his survey. So I say great. I'd like a copy of it. I've been thinking I would get the line re-staked and he can use your survey as well. If I'm wrong about the stake, I'm out the money. But if I'm right, we've avoided bigger issues. He says no need. I ask again. He says he's confirmed it. Says they sell fence panels in 6 and 8 ft panels, and a full pannel goes to the point he marked. Says that I'm getting worried over 3 inches. I say: I think the it's more than 3 inches. He says that he wasn't going to fence by a rock by my driveway corner. (Which lies on the property line and is split between us). He says he owns half that rock. I think he owns about 30% of the rock. Says if he puts a fence up there, it'll be difficult to get in and out of the cars. Says why make things ugly over 3 inches. Says things will look better with what he as planned now and no fence by the driveway, still his property though. At this point, I say, the only reason for you not to share your survey and for me to re-survey and mark the line is that you know the line will move beyond where the stake is. He says no. He knows' he's right, no need to resurvey and make things ugly. If he does fence or even if he doesn't fence by the driveway, it's his property and he can use it as he wants. Says better to calm down and not get ugly. More talking in circles. I ask for his fence company, and he won't tell me. Says that he's using a different company than he did before. Once more ask for his survey. Once again, do you really want to get ugly for 3 inches. It's a fence panel and you can connect. (It may be years before I get around to doing a fence for me, if at all on this house). yada yada yada. We shake hands and I walk away.
 
Should have told him to expect a certified letter in the mail. You should just plan to work from home for the next two weeks. Also, it sounds like he might be planning to install this fence himself considering he's using panels. You might also check the zoning ordinance to see how far he's allowed to fence in the front yard.
 
it was my understanding that he isn't allowed to put a fence even on the property line...it is supposed to be 6"+ on his side of the line. but maybe that is Tennessee
 
your neighbor sounds like a douche. I would be trying very hard to do it exactly right if I were him. I don't envy- puts you in an extremely awkward position.
 
Deacon92 said:
Ok. So I go home and there is another stake in the ground at one corner. It's about 5 inches in from the stake I think has moved 3 feet. Neighbor is grilling and says he measured the fence panel and that the new stake marks where the new fence will end. I say I'll take a look. I do, but I still think the stake moved. I go to his house with a gift card and two movie tickets. Hey neighbor, feel bad about the tree falling and taking out your fence, sorry if you think I'm a bother, here want to give you and your wife a night out. He says no, we're good. I say that I think the stake moved. He says no, he's sure it's right. He says he even pulled his survey. So I say great. I'd like a copy of it. I've been thinking I would get the line re-staked and he can use your survey as well. If I'm wrong about the stake, I'm out the money. But if I'm right, we've avoided bigger issues. He says no need. I ask again. He says he's confirmed it. Says they sell fence panels in 6 and 8 ft panels, and a full pannel goes to the point he marked. Says that I'm getting worried over 3 inches. I say: I think the it's more than 3 inches. He says that he wasn't going to fence by a rock by my driveway corner. (Which lies on the property line and is split between us). He says he owns half that rock. I think he owns about 30% of the rock. Says if he puts a fence up there, it'll be difficult to get in and out of the cars. Says why make things ugly over 3 inches. Says things will look better with what he as planned now and no fence by the driveway, still his property though. At this point, I say, the only reason for you not to share your survey and for me to re-survey and mark the line is that you know the line will move beyond where the stake is. He says no. He knows' he's right, no need to resurvey and make things ugly. If he does fence or even if he doesn't fence by the driveway, it's his property and he can use it as he wants. Says better to calm down and not get ugly. More talking in circles. I ask for his fence company, and he won't tell me. Says that he's using a different company than he did before. Once more ask for his survey. Once again, do you really want to get ugly for 3 inches. It's a fence panel and you can connect. (It may be years before I get around to doing a fence for me, if at all on this house). yada yada yada. We shake hands and I walk away.
Click to expand...

That's some serious Faulkner SoC right there.
 
His instance on "not making this ugly" and insisting that there is no need to re-mark is a dead giveaway that he's planning to cross the line (literally and metaphorically), and he knows it. Tough situation man. But better to deal with nasty looks from a neighbor than a mess with property lines when you go to sell the house. Still think a certified letter and paying a surveyor to come out and spray paint the line is the way to go. You could also set up a webcam or something to spy on the line if you think he's still going to try something. Sucks though, hate it for you.
 
i am going to have the opposite issue selling my house. We built our fence a couple of feet into the common area in the back. Granted, we have no HOA and I have mowed that common area for 13 years. Will disclose. Hopefully it won't be an issue.
 
Deacon92 said:
He says he owns half that rock. I think he owns about 30% of the rock.
Click to expand...

My favorite part.

Seriously, this does suck for you. Impressive that you didn't accuse him of lying after he refused all of your requests to see the survey.

I was thinking the same as warak...you aren't allowed to put a fence on the property line. It's supposed to be at least 6" on his side of the line.
 
Your neighbor basically just told you to go fuck yourself. Get the certified letter and make specific reference to him admitting that he was coming into your yard and not to press the issue. Specifically reference that he would not provide his survey or the name of the installer. Get the survey and line sprayed asap. Finally, it does appear that he may be doing the fence himself now (as HP points out). Getting panels in your yard is just him being a cheap piece of shit. If you do not rectify this before the fence goes up, you will drive home every day, see the fence, and be pissed. Better to piss him off than yourself.
 
No a tree in another neighbor's yard fell across his yard and then into mine.

I thought I remembered the neighbor used the same fence company, so I called and they agreed to take a copy of the survey. Now we'll see. And my surveyor will come out later this week.
 
ChrisL68 said:
i am going to have the opposite issue selling my house. We built our fence a couple of feet into the common area in the back. Granted, we have no HOA and I have mowed that common area for 13 years. Will disclose. Hopefully it won't be an issue.
Click to expand...

That sounds like adverse possession to me.
 
HeavyPetter said:
No. The homeowner's insurance of the fence owner will cover the damage. Not the tree owner.
Click to expand...

+1. There is no homeowner liability owed for an "Act of God" wind loss unless there is evidence that the homeowner had been put on prior notice that the tree on his property was dead and had failed to remove it before the storm.

Chartered Property Casualty Underwriter (CPCU) here and this is covered in the first exam! Ha ha ha
 
Can you break off 30% of the rock out front and roll it into the middle of his yard while everyone's asleep?
 
You must log in or register to reply here.
Back
Top