Property line issues

[DangerousCurves]

My husband and I bought a house last summer. We have a beautiful backyard. On one side is a pristine, white, vinyl fence. On the other is an old, warped, wooden fence. I was told that the ugly fence was put on our property by the former owner of the neighbor's house. Today, we had a survey done and the ugly ass fence is indeed on our property. I spoke to my neighbor, explaining that we wanted to put up a new fence and that "her" fence was on our property. I also explained that we were prepared to pay for the new fence and wouldn't be asking her to contribute. She rather vehemently told me that the fence was on her property and they had a survey done years ago. I doubt this very much since she would never pay for a survey. I don't want this to get out of hand or unpleasant, as the new fence would look nicer on both my property and on hers. She, however, seems to be completely against it. I could be an asshole and just say "Well, tough shit, this ugly old fence is on my property and I'm replacing it." but I am trying to be nice. I have to live next to them, after all. I suppose I could just wait for the plot plans to come from the surveyor and basically just hire a contractor to put a new fence in but since she says it's her fence, I am concerned about the legal bullshit that could possibly come from any damage "her" fence could sustain while being removed. Anyone have any advice? Bueller? Bueller?

[gunsguy]

My husband and I bought a house last summer. We have a beautiful backyard. On one side is a pristine, white, vinyl fence. On the other is an old, warped, wooden fence. I was told that the ugly fence was put on our property by the former owner of the neighbor's house. Today, we had a survey done and the ugly ass fence is indeed on our property. I spoke to my neighbor, explaining that we wanted to put up a new fence and that "her" fence was on our property. I also explained that we were prepared to pay for the new fence and wouldn't be asking her to contribute. She rather vehemently told me that the fence was on her property and they had a survey done years ago. I doubt this very much since she would never pay for a survey. I don't want this to get out of hand or unpleasant, as the new fence would look nicer on both my property and on hers. She, however, seems to be completely against it. I could be an asshole and just say "Well, tough shit, this ugly old fence is on my property and I'm replacing it." but I am trying to be nice. I have to live next to them, after all. I suppose I could just wait for the plot plans to come from the surveyor and basically just hire a contractor to put a new fence in but since she says it's her fence, I am concerned about the legal bullshit that could possibly come from any damage "her" fence could sustain while being removed. Anyone have any advice? Bueller? Bueller?

First all all you have rights to do whatever you like to it being on your side. However to be nice build a beautiful new fence on your side and leave hers alone, this way yours is awesome and hers sucks.

Fences, biggest issue ever

[DangerousCurves]

I thought about that but her fence is already encroaching on my property so I would lose even more putting a new fence up. Also, the prior owners have extensive landscaping including huge rose bushes I would have to rip out. I don't see what her issue is, after all, a new fence would make her proprlerty look less like a city dump....

[jman2000]

Get property line survey done with her out there, then when they say it's on your property, say "fuck you, you dumb cunt" and put the new fence up while kicking down her old one in front of her.

[AxlisOld]

Just wait for the survey, and build it, make sure when you break ground you have witnesses.

[SoulMonster]

It is impossible to give legal advice without knowing the applicable laws for your country.

E.g., in Norway you might need approval from "Byggesakskontoret" before putting up a fence even when it is on your own property.

Edited May 1, 2014 by SoulMonster

[Guest Len B'stard]

Thing is why are the boundaries not strictly adhered to? And also, theres a common usage thing people can incur where if the shit has been the way it is over a certain number of years and its been a mutually accepted thing then they can get away with that shit as it is as per a long standing mutual agreement. The way it works here is a certain side of fencing is the responsibility to the neighbour and you have to maintain your side.

The question is what is it doing on your property in the first place and how long has it been like that...cuz over here that would have a bearing on where you stand legally in terms of your right to fuck with it.

And also if you do work on it and it is on your property well then it kinda absolves them of the responsibility of that particular boundary upkeep, do you really wannabe doing that, wouldnt it make sense to re-estalish the correct boundary as per the deeds? Cuz otherwise you are essentially looking after someone elses shit.

[Tater Totts]

Len after the storms this past winter I saw in the news that a resident's house was damaged by a branch which fell from the neighbors house and the owner of the tree was trying to avoid paying the insurance costs as they claimed as the branch wasn't on their property so they wouldn't be responsible for it.

Didn't see how it got resolved but it links into what you said about boundaries, deeds, maintaining and who it belongs to.

[Guest Len B'stard]

It sounds really mean and like, you might be doing someone a good turn but you can come unstuck later on cuz they can turn around and claim all sorts of shit that results in you being lumbered with their shit so maintain your own interests, sometimes people just do shit for the slob on the other side in the spirit of being neighbourly and going the right thing but it can come back and bite you on the arse, look after your own and, when you take up a property make sure this shit is established in the early knockings and avoid grief later on.

My husband and I bought a house last summer. We have a beautiful backyard. On one side is a pristine, white, vinyl fence. On the other is an old, warped, wooden fence. I was told that the ugly fence was put on our property by the former owner of the neighbor's house. Today, we had a survey done and the ugly ass fence is indeed on our property. I spoke to my neighbor, explaining that we wanted to put up a new fence and that "her" fence was on our property. I also explained that we were prepared to pay for the new fence and wouldn't be asking her to contribute. She rather vehemently told me that the fence was on her property and they had a survey done years ago. I doubt this very much since she would never pay for a survey. I don't want this to get out of hand or unpleasant, as the new fence would look nicer on both my property and on hers. She, however, seems to be completely against it. I could be an asshole and just say "Well, tough shit, this ugly old fence is on my property and I'm replacing it." but I am trying to be nice. I have to live next to them, after all. I suppose I could just wait for the plot plans to come from the surveyor and basically just hire a contractor to put a new fence in but since she says it's her fence, I am concerned about the legal bullshit that could possibly come from any damage "her" fence could sustain while being removed. Anyone have any advice? Bueller? Bueller?

First all all you have rights to do whatever you like to it being on your side. However to be nice build a beautiful new fence on your side and leave hers alone, this way yours is awesome and hers sucks.

Fences, biggest issue ever

But if the neighbours is already on her property...and then she builds another one she's basically making her garden shrink, why do that?

[31illusions]

wait till the survey comes, draw a big white line and leave it there for her to see, then build your fence, and your done.

[Ace Nova]

Zoning laws vary state by state....so I would consult an attorney before breaking ground. This isn't a time to "shoot first and ask questions later". The last thing you would want to do is have her possibly damage your property (the fence) and draw this out in the court for years. Better to get it court ordered/approved beforehand imo.

[DangerousCurves]

AS you can see, the white fence looks lovely.

Here is the other fence that needs replaced:

[pestilence]

Vinyl fencing expands and softens in sunlight and extreme heat. The fencing may crack in very cold temperatures. As with most fences, vinyl fencing cannot endure sudden impact or high winds; but since vinyl fencing is more expensive than other fencing materials, replacement of broken fencing may be costly.

http://www.ehow.com/facts_10016869_vinyl-fence-durability.html

maybe why she wants to keep her fence....but if it's on your property...burn it down

[Black Sabbath]

You have a very relaxing looking back yard. Reminds me of the Estranged video.

[DangerousCurves]

You have a very relaxing looking back yard. Reminds me of the Estranged video.

Thanks! The backyard was what sold us. We were living in CT and knew he would be getting orders to VA. We came down house-shopping for a week and I found what I thought was my dream house. Then it didn't pass inspection. So, we were back in CT, unable to make another trip down to look at houses again, needing to find and close on a house in 6 weeks and this one came up as a new listing. We sent our realtor (who, after looking at almost 40 houses with us, knew exactly what I wanted) and he came over with a video camera and we put an offer in for full price. It was only on the market two days. So, we basically bought this house without ever seeing it in person. But the backyard....yup. It was "it". THe inside of the house is nice too but the kitchen isn't as big as I'd like. Nothing like sitting on the dock out back, fishing in the lake, and listening to the live concerts over at the amphitheater, which is walking distance from here. Tonight, we sat out back with a couple of drinks and fished and listened to the Lunatic Luau - a metal show like a small scale OzzFest. Avenged Sevenfold, Trivium, Five Finger Death Punch, As I Lay Dying, Saliva, Volbeat, a couple other bands.

[Guest Len B'stard]

Fuckin hell girl, thats your back garden? On a soldiers salary, fuck me, if i was in America I'd join the fuckin army, you should see where our squaddies end up living

[Tater Totts]

Fuckin hell girl, thats your back garden? On a soldiers salary, fuck me, if i was in America I'd join the fuckin army, you should see where our squaddies end up living

Cost of living is so much cheaper in the US its depressing, my colleague in America who is on the same money (less that £20k), works less hours than me and can afford to have a good size house with really nice appliances near Stamford CT.

Honestly I might try and get a transfer to the US office if any positions come up there

[Guest Len B'stard]

What do you do for a living anyway Totts?

[DangerousCurves]

Fuckin hell girl, thats your back garden? On a soldiers salary, fuck me, if i was in America I'd join the fuckin army, you should see where our squaddies end up living

He's a sailor and a Chief (E-7), so after almost 14 years, I wouldn't say we're well-to-do but we're comfortable. And I've always worked too so that helps. If there is ever a gig nearby, party at my house! All ya'll are invited. Also, with regard to what Totts said, we moved to Virginia from Connecticut. New England is expensive compared to here in the south. We would have paid twice as much in CT for what we bought here in VA. The hubs also has another house down here that he rents out. The extra income helps.

[Tater Totts]

What do you do for a living anyway Totts?

Working in IT at the moment, putting that History degree to good use

[Forsaken]

AS you can see, the white fence looks lovely.

Looks awesome, if you didn't say white fence, it almost looked like the fence colors blended in with the background, looked like a lake or a pond of to the right. Beautiful.

[DangerousCurves]

AS you can see, the white fence looks lovely.

Looks awesome, if you didn't say white fence, it almost looked like the fence colors blended in with the background, looked like a lake or a pond of to the right. Beautiful.

Thank you. Yes, it's a lake. The fence doesn't curve around the back of the property, it just goes straight to the water. It does blend in well.

[Guest Len B'stard]

AS you can see, the white fence looks lovely.

Looks awesome, if you didn't say white fence, it almost looked like the fence colors blended in with the background, looked like a lake or a pond of to the right. Beautiful.

Thank you. Yes, it's a lake. The fence doesn't curve around the back of the property, it just goes straight to the water. It does blend in well.

Can i come round yours please? I'll bring some skunk?

[Forsaken]

AS you can see, the white fence looks lovely.

Looks awesome, if you didn't say white fence, it almost looked like the fence colors blended in with the background, looked like a lake or a pond of to the right. Beautiful.

Thank you. Yes, it's a lake. The fence doesn't curve around the back of the property, it just goes straight to the water. It does blend in well.

No wonder, it was almost like an optical illusion.

[DangerousCurves]

AS you can see, the white fence looks lovely.

Looks awesome, if you didn't say white fence, it almost looked like the fence colors blended in with the background, looked like a lake or a pond of to the right. Beautiful.

Thank you. Yes, it's a lake. The fence doesn't curve around the back of the property, it just goes straight to the water. It does blend in well.

Can i come round yours please? I'll bring some skunk?

Anytime. Bring your fishing pole! LOL