|
|
Post by Katie on Jul 21, 2014 17:49:05 GMT
UPDATE 10/5: We sent them a kindly-worded (certified) letter in August, and after 2 weeks they never went to pick it up from the post office. Waited a couple weeks longer, hoping we'd see them outside so we could talk about it, but I swear they were avoiding us like the plague. I then put the original letter in a greeting card, and wrote a short note making it clear we are not angry, but hoping they will work with us on the issue. Fast forward to yesterday when we got a hand written letter from them saying 'let's face it, it's been 10 years so why are you making a fuss now?' They also indicated they are having someone come and survey to find the lot markers and they do intend to move the fence if needed, but "it might take some time". I'll believe it when I see it, but whatever. Last month we called 2 surveying companies about a quote and neither of them responded -- I think they didn't want to get involved, quite honestly. It will be interesting to see what happens, but I'll I shall keep you posted!
OH - and after 4 calls to the city, we finally got through to the building inspector and she said it is a civil matter and we'd need to call the police. No, we did not do that. I wanted to try the letter route first, and apparently that was enough.
Because they won't move their fence off our property. Two months ago the house behind me installed a chain link fence, and the day it was installed, the underground lot markers were exposed. Just as we suspected, the neighbors next to us have their fence 3 FEET on our property. We always assumed it was about a foot, but 3 feet is enough to complain about. So, neighbor was in her yard that day and we pointed it out. Right away she said "wow, we'll have to move it then". GREAT -- so happy she didn't put up a stink, and it will all work out. Sigh.
Fast forward a week and they installed a huge inflatable pool right up next to their fence. Yes -- the side of fence that they said they would move. I didn't panic, but a couple days later the homeowner saw DH in the yard and asks him how much would we charge him to leave the fence as-is.  Um...NO. He was shocked we said no, and again said he'd take it down. Ok, great. Fast-forward three weeks and he again approaches DH and says he will have a document notarized saying that we are all aware of the lot lines, so if either of us sell, it will all be 'ok'. Again...
What I think is happening, is they know we are coming up on 10 years that the fence has been in place, and after 10 years it's officially their property and we are SOL. They are stalling, and come hell or high water, that fence is coming down before winter. Yes I understand we had 9 years to get it straightened out, but again we only thought it was a foot or less, and they've been good neighbors and we didn't want to start a war over a few inches. We don't have a deck (yet) so we don't even use the back yard. IMO 3 feet is enough to start a war over, so I called the city and complained. Had to leave a message, so we'll soon find out what they can do for me.
I've heard stories for years about neighbor battles, but I just never thought it would happen to me, lol!
|
|
|
|
Post by momstime on Jul 21, 2014 17:52:52 GMT
That stinks! I will never understand some people. I'm wondering, since it is on your property, why don't you just take it down? It is technically yours, right?
|
|
|
|
Post by mom2samlibby on Jul 21, 2014 17:54:26 GMT
I'd take it down. It's on your property.
|
|
wellway
Prolific Pea
Posts: 9,203
Jun 25, 2014 20:50:09 GMT
|
Post by wellway on Jul 21, 2014 17:55:07 GMT
What are you options? Can you install a fence/some form of divide on the property line? Their illegal fence would then be inside your fence. ie reclaim your garden.
Document and date all the conversations you had with them.
|
|
MaryC
Full Member
Posts: 213
Jun 25, 2014 21:52:55 GMT
|
Post by MaryC on Jul 21, 2014 18:06:33 GMT
It's very unlikely the city will do anything - it's not their job to enforce property lines or settle disputes. You need to contact an attorney who specializes in property rights. If you are coming up on the deadline for an adverse possession, you need to act quickly.
|
|
|
|
Post by houston249 on Jul 21, 2014 18:07:01 GMT
I don't blame you a bit for your stance. Three feet is a good chunk of property. It also sounds like they are stalling.
It would be a good idea to consult your lawyer and at the least have him send them a letter. I am concerned that verbal agreements and phone calls do not prove that you objected and you will be stuck giving them the property.
|
|
marianne
Pearl Clutcher
Not my circus, not my monkeys. . . My monkeys fly!
Posts: 4,176 
Location: right smack dab in the middle of SC
Site Supporter
Jun 25, 2014 21:08:26 GMT
|
Post by marianne on Jul 21, 2014 18:07:34 GMT
If you have proof of the boundary lines, i.e. your original plat, and it's that much on your property, I agree, I'd take it down. I'd also stay on top of the city for a quick answer. Do you have a lawyer? You might want to check there too.
|
|
The Birdhouse Lady
Prolific Pea
Moose. It's what's for dinner.
Posts: 7,589
Location: Alaska -The Last Frontier
Jun 30, 2014 17:15:19 GMT
|
Post by The Birdhouse Lady on Jul 21, 2014 18:09:29 GMT
Help me understand. Is it a new fence or a fence that has been there for 9 years?
|
|
|
|
Post by myshelly on Jul 21, 2014 18:10:54 GMT
It's not the city's job to enforce private property lines.
If you want to make sure it comes down before the ten year mark you are going to have to take action yourself.
I wouldn't rely on the city.
|
|
|
|
Post by christine58 on Jul 21, 2014 18:14:41 GMT
Get a lawyer and I'd also have the land surveyed again. Then if they don't take it down, I'd be doing it myself.
|
|
|
|
Post by freecharlie on Jul 21, 2014 18:15:41 GMT
You need a lawyer and soon. They could file a quick claim deed since they have been using it for almost a decade. The court may rule in their favor. Representation is a must.
|
|
kikinichole
Shy Member
Posts: 39
|
Post by kikinichole on Jul 21, 2014 18:23:00 GMT
It's yours fair and square. I don't argue that at all...but I can understand their hesitation after living there 10 years and having the fence up all that time with no complaint.
I guess I feel like if three feet is worth starting a war over, why didn't you wage one 9 years ago? Again, it's yours. I get it. They should move the fence. But if it were me, I'd just let them leave it up with the understanding that should we ever want to build a deck or make add any kind of structure that they would *then* move the fence. I wouldn't ask them to up end things for part of a property I would never use. But that's me.
|
|
iowgirl
Pearl Clutcher
Posts: 4,539
|
Post by iowgirl on Jul 21, 2014 18:31:27 GMT
You do need to get this taken care of ASAP. It is not 10 years in every jurisdiction. It is called the "adverse possession".
Freecharlie - I think you are thinking of "Quitclaim deed" - this is a little different than that. A quitclaim deed would be if Katie decided to deed her property to her neighbors instead of moving the fence. This is not a deed that guarantees that no one else would have rights to that property though. For that you get a warranty deed.
We never buy farm ground without a warranty deed - this way relatives of the previous ground owner cannot come back and claim ownership.
|
|
Deleted
Posts: 0
Aug 18, 2025 19:59:55 GMT
|
Post by Deleted on Jul 21, 2014 18:33:10 GMT
I get why you're peeved, but the advice that some are giving - that you should take it down because it's on your property - is not good. The law would probably not be on your side if you did that. Even if they aren't technically at the point of adverse possession yet, you can't just willy-nilly decide that after 9 years, you no longer like where that fence is and are going to rip it down.
Good luck to you. It's your property and I understand why you want to set things straight, but I also can see where they are coming from - you haven't cared enough for nine years to do anything about it and now you want to go to war? What changed? If it was a big deal, you could have hired a surveyor years ago and gotten this taken care of. But until you realized it was 3 feet, not 1, you didn't care? And you only discovered that by accident?
|
|
|
|
Post by myshelly on Jul 21, 2014 18:36:51 GMT
I get why you're peeved, but the advice that some are giving - that you should take it down because it's on your property - is not good. The law would probably not be on your side if you did that. I agree. If you want to get this taken care of you will need an official survey done and then you will need a lawyer. It's your job and yours alone to know where the property lines are and to take care of them. Now that you have let it go on this long it is going to cost you money to get it fixed. Do you know for sure that the law for adverse possession in your state is ten years? It's different in every state. |
|
|
|
Post by workingclassdog on Jul 21, 2014 18:37:48 GMT
I know if that was our property, dh would be taking it down.. it's on 'our' property, so yeah, it's our fence. Sounds like they are stalling for time.
|
|
|
|
Post by AN on Jul 21, 2014 18:38:23 GMT
You need to send a certified letter, return receipt requested, to have proof that they were notified before the 10 years. It can be a really friendly note, say "This is just for formal documentation, I know we have discussed it casually," but they need to be put on formal notice with proof in case it does drag out. Good luck.
|
|
Deleted
Posts: 0
Aug 18, 2025 19:59:55 GMT
|
Post by Deleted on Jul 21, 2014 18:43:01 GMT
We had an adverse possession situation with a piece of property that we just recently sold.
I completely agree that your first step needs to be to send them a certified letter that they have to sign for putting it in writing that their fence is on your property line. My suspicion is that making it more formal like that will prompt them to take it more seriously without further action.
Adverse possession is nothing to just brush off as no big deal. It was a major headache in what should have been a very easy real estate transaction even though it involved family members who had to sign off.
In fact, our current property line is a little confusing when you just see it visually and while we were dealing with the adverse possession for our farm property that we were selling, the house next door to our current home was under construction and the builder started to put their mailbox on our property. I stopped that, made a bunch of phone calls, and they ended up moving it. It was nothing to do with the new neighbors and everything to do with preventing a situation down the road. |
|
|
|
Post by freecharlie on Jul 21, 2014 18:45:29 GMT
You are right, I meant quit claim, that's what I get for typing without thinking and it still isn't the right thing. My statement was made that since the neighbors have taken care of that land for this long, they may be able to file adverse possession (I think I am correct on that). You need a land surveyor, original deeds and paperwork and documentation of when you spoke to the neighbor about it.
|
|
|
|
Post by gmcwife1 on Jul 21, 2014 18:46:35 GMT
That sucks  It sounds like you've gotten some good advice to help you move forward though. |
|
|
|
Post by wezee on Jul 21, 2014 18:53:11 GMT
It's not the city's job to enforce private property lines. If you want to make sure it comes down before the ten year mark you are going to have to take action yourself. I wouldn't rely on the city. Not so in my town. You must get a permit and have a notarized Plat of survey. Send them a certified letter stating that if it isn't down by xxx day you will have it removed at their expense. Take that fence down now before it's too late. |
|
conchita
Pearl Clutcher
Posts: 3,141
Jul 1, 2014 11:25:58 GMT
|
Post by conchita on Jul 21, 2014 18:53:42 GMT
We'd insist on having the fence removed immediately. Even if it meant my entire household had to go out there and help the neighbor remove and rebuild it on *their* property. We'd be neighborly about it, put some steaks on the grill and all but that fence would be moved.
|
|
|
|
Post by wezee on Jul 21, 2014 18:59:52 GMT
This case made me wonder: I my state if a tree branch is encroaching on you land you can cut it down without notice to the owner of the tree.
I wonder if that logic would apply to a fence?
|
|
|
|
Post by ChicagoKTS on Jul 21, 2014 19:02:20 GMT
I would definitely consult a real estate attorney ASAP. There could be more to this that just moving a fence. If they have been continually using the area for 9+ years, they could have easement rights even though you legally hold title to the land. Hopefully you will be able to resolve this amicably but I sure would want to reserve all my rights as much as I can. Having allowed this to continue for over nine years is not in your favor. When it comes to real estate, possession and/or continual use can play a very large part in the outcome of a dispute.
|
|
anniebygaslight
Drama Llama
I'd love a cup of tea. #1966
Posts: 7,412
Location: Third Rock from the sun.
Jun 28, 2014 14:08:19 GMT
|
Post by anniebygaslight on Jul 21, 2014 19:03:11 GMT
Get a lawyer and I'd also have the land surveyed again. Then if they don't take it down, I'd be doing it myself.  |
|
gsquaredmom
Pearl Clutcher
Posts: 4,107
Jun 26, 2014 17:43:22 GMT
|
Post by gsquaredmom on Jul 21, 2014 19:07:32 GMT
Consult a lawyer today.
|
|
|
|
Post by gailoh on Jul 21, 2014 19:31:29 GMT
yep...call a lawyer NOW and get it done...
|
|
|
|
Post by Katie on Jul 21, 2014 19:37:33 GMT
That stinks! I will never understand some people. I'm wondering, since it is on your property, why don't you just take it down? It is technically yours, right? Trust me, the thought crossed my mind. But then I thought 'I shouldn't HAVE to do the heavy labor'. They have flower gardens lining the fence as well as a crabapple tree that will need to be cut down. Still waiting for a return call from the city. |
|
|
|
Post by Katie on Jul 21, 2014 19:40:32 GMT
You need to send a certified letter, return receipt requested, to have proof that they were notified before the 10 years. It can be a really friendly note, say "This is just for formal documentation, I know we have discussed it casually," but they need to be put on formal notice with proof in case it does drag out. Good luck. Thanks -- I will do this today. |
|
ddly
Pearl Clutcher
Posts: 4,066
Jul 10, 2014 19:36:28 GMT
|
Post by ddly on Jul 21, 2014 19:45:26 GMT
I would also put a call into a real estate lawyer and send a certified letter while you're waiting. It won't hurt the situation.
Good luck!
Lisa D.
|
|
Um...NO. He was shocked we said no, and again said he'd take it down. Ok, great. Fast-forward three weeks and he again approaches DH and says he will have a document notarized saying that we are all aware of the lot lines, so if either of us sell, it will all be 'ok'. Again... 
It sounds like you've gotten some good advice to help you move forward though.
