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Post by aljack on Dec 17, 2016 3:24:13 GMT
We are building a house between two existing homes. One is a previous model and the other is three years old. Our lot has a irregular shape so we asked for the boundaries to be staked so we could identify the lot depth and sides. Builders did this and husband and I walked the lot to discover a small rose bush with supports was over the line and tiny tree seedlings less than a foot were on the line if not over. The property line is also an easement with a grate. Husband and I thought we want a fence, but will pull in to avoid that area. We didn't say anything because we thought the neighbors would see the lines and realize. So they began excavating, when the neighbor came out and started yelling at the workers and PM that they were on her property. They showed her the stakes and she pulled them up. She went to the sales rep across the street and complained but they don't have her property plat since its three years old and told her it's been surveyed and is correct. She argued.
We met with our PM for pre-drywall and he told us all of this. He said we need to make nice with her. I stood there in shock. At first I sympathized but then he kept stressing I needed to take a pie, cookies or talk with them. What? Why do I have to? I got unnerved.
I went and talked to the sales rep and she said yes they came in and complained. I said this is not good. I don't want drama and it's supposed to be a happy time for me and hubs building a home not stress before we even get in. I told hubs he can go deal with it. I am already an emotional wreck.
Anyhow, I want to put a fence up and now think we should go right in at line to avoid losing property. Any words of wisdom for us?
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smcast
Drama Llama
Posts: 5,509 
Location: MN
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Post by smcast on Dec 17, 2016 3:28:01 GMT
After her reaction, I'd be tempted to find out exactly and don't budge one bit from the line if you put a fence up. What's right is right. Now, if she wouldn't have caused such a stink, things for me would have been different.
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freebird
Drama Llama
'cause I'm free as a bird now
Posts: 6,927
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Post by freebird on Dec 17, 2016 3:28:02 GMT
Go to the line. You can be a kind, good neighbor and still be firm. I'd show them the survey and nicely tell them they can speak to the surveyor if they think it's wrong, etc etc.
I'd let them know that the fence will be going xx inches inside the property line in case they wanted to have time to move the rose bush.
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Post by chaosisapony on Dec 17, 2016 3:30:07 GMT
That's unfortunate. I'd definitely be putting up a fence directly on the property line to try to avoid future issues like this with her. Are you willing to drop by and introduce yourself and explain to her (bring your supporting documents) that you are building a fence and everything is on your property? Sometimes face to face contact goes a long way.
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gsquaredmom
Pearl Clutcher
Posts: 4,107
Jun 26, 2014 17:43:22 GMT
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Post by gsquaredmom on Dec 17, 2016 3:30:38 GMT
Your property. You paid for it. Build your fence. Make it the tallest and most solid you can. Bake a cake. Frost it beautifully. And eat it.
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Post by myshelly on Dec 17, 2016 3:32:13 GMT
I think you can be a nice, good neighbor, but also enforce your rights.
The property line is the property line. That doesn't have anything to do with you being nice or not. I'd put up a fence asap.
Talk to the neighbors. Ask if they have any evidence such as a different survey to dispute the property lines. Get it taken care of now and then put something more permanent to mark the line. Give her time to move the rose bush and the tree if she wishes.
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Post by jemmls4 on Dec 17, 2016 3:55:56 GMT
Either you or your hubby should talk to them.
We had a similar thing. Neighbors were parking their camper on what they thought was their side lawn next to our driveway side lawn. We had to get a survey thing done for some reason and it ended up they were over the line by like ten feet. Surveyor office told us if we didn't say anything and it went on long enough the neighbors would have a legal case to claim it was their prosperity and it would be a huge hassle when we went to sell.
So moral of the story is get it taken care of now. You paid for it, it's yours.
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Post by aljack on Dec 17, 2016 4:06:21 GMT
Thanks! Yeah we are going to put a fence in but we can't do anything until the builder does the final grading which is slated for April or May. Stinks building in the winter. As soon as they do it, I am paying the county/township $500 to officially survey again and then have fence installed. If she pulls the stakes up... I can't promise I will be nice.
Our thought was to go and talk with them and say we are getting our yard surveyed for a fence. Once it's completed, we will begin the process of building fence and if they are on the line or over, it's going to be a dig up at will. However, what happens if they planted a tree on the property line? We are thinking we may move in a tiny bit but still uncertain. Because I imagine they are going to want those but installing a fence on the line will prohibit that. We also were talking about making sure it's a maintencae free fence because it could be ugly trying to go over and repair and such. Currently we are encouraged to have a wrought iron fence. Which doesn't do much to hide. Trust you me, I don't want to look into their backyard. It's basically the reason we want a fence and decided against adding extra windows on that side of the house.
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Post by aljack on Dec 17, 2016 4:16:26 GMT
Either you or your hubby should talk to them. We had a similar thing. Neighbors were parking their camper on what they thought was their side lawn next to our driveway side lawn. We had to get a survey thing done for some reason and it ended up they were over the line by like ten feet. Surveyor office told us if we didn't say anything and it went on long enough the neighbors would have a legal case to claim it was their prosperity and it would be a huge hassle when we went to sell. So moral of the story is get it taken care of now. You paid for it, it's yours. Wow! How did that go over? Were they cooperative? |
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Post by LilyRose on Dec 17, 2016 4:41:26 GMT
I think I might have spoken with the neighbor when I realized the trees and rose bushes were on my property. In my opinion, by just removing them, you've essentially said "F you." Perhaps not the best start to a cordial relationship.
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Post by destined2bmom on Dec 17, 2016 5:05:12 GMT
I would talk to the sales rep and whoever else and have them talk to her to move the rose bush and tree pronto. If it's not dealt with now, you may regret it later. And I have heard the same line, that if a neighbor encroaches on your property long enough, they can end up owning it. She has had three years to put plants on your property, that she can claim is her property.
You are on the right path to getting your property surveyed.
Our old neighbor had a tree that was large and some of the roots were on our side of the fence and had lifted it. When the fence between our homes needed and was replaced, they refused to trim the tree back or take it out. We ended up loosing several feet of our property; but DH didn't want to create a stink and create hard feelings. It made our yard feel much smaller.
I would also ask the builder if they have any other lots that are nice that you can choose from; if she creates a problem. It's not a good way to start out.
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PaperAngel
Prolific Pea
Posts: 8,843
Jun 27, 2014 23:04:06 GMT
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Post by PaperAngel on Dec 17, 2016 5:34:33 GMT
PLEASE DO NOT allow the builder to put the onus on you to resolve this issue. The builder/company currently owns the lot, is aware of a potential problem, & should address it. My guess is this neighbor has been difficult for the builder/sales people to deal with, so their plan is to minimize interaction with her. (As an aside: It's my understanding removing a survey stake is a misdemeanor in every state.)
If you haven't already, I suggest getting your own realtor, which the seller pays, to represent your interests. Have him/her review your contract & effectively communicate to the builder on your behalf that the potential property line dispute is a deal breaker. Force the builder to resolve this issue now; if they disagree or do not meet your satisfaction, be certain to understand your options for switching lots or walking away completely. Best wishes...
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Post by myshelly on Dec 17, 2016 5:41:24 GMT
Thanks! Yeah we are going to put a fence in but we can't do anything until the builder does the final grading which is slated for April or May. Stinks building in the winter. As soon as they do it, I am paying the county/township $500 to officially survey again and then have fence installed. If she pulls the stakes up... I can't promise I will be nice. Our thought was to go and talk with them and say we are getting our yard surveyed for a fence. Once it's completed, we will begin the process of building fence and if they are on the line or over, it's going to be a dig up at will. However, what happens if they planted a tree on the property line? We are thinking we may move in a tiny bit but still uncertain. Because I imagine they are going to want those but installing a fence on the line will prohibit that. We also were talking about making sure it's a maintencae free fence because it could be ugly trying to go over and repair and such. Currently we are encouraged to have a wrought iron fence. Which doesn't do much to hide. Trust you me, I don't want to look into their backyard. It's basically the reason we want a fence and decided against adding extra windows on that side of the house. If you move your fence in to accommodate their tree, you are giving them an opportunity to claim it's their property, which could cause serious problems for you in the future. Don't do this! Sort it out now. The longer you wait the worse it will get. |
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Post by mom2samlibby on Dec 17, 2016 5:53:28 GMT
I think I might have spoken with the neighbor when I realized the trees and rose bushes were on my property. In my opinion, by just removing them, you've essentially said "F you." Perhaps not the best start to a cordial relationship. I don't see that they have removed them. We've had property boundry issues with our new neighbors also. It doesn't make living near them very pleasant. I hope you can get it worked out. Unless you have full possession of the property, I'd have the builder work it out for you. It's still their issue. |
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Post by katlaw on Dec 17, 2016 6:17:48 GMT
I think I might have spoken with the neighbor when I realized the trees and rose bushes were on my property. In my opinion, by just removing them, you've essentially said "F you." Perhaps not the best start to a cordial relationship. I had to go back and re-read the OP. I do not see anywhere where she says she removed the trees or rose bushes. Google your state laws about survey markers, in most places it is illegal for someone to remove them. Her pulling them out because she did not like the placement of them could be illegal. I would also go back to the builder and tell them this is their issue to deal with. You bought the property from them but do not have possession yet. They need to have the markers replaced and deal with the difficult neighbour and not pass the problem on to you. Our builder included a fence at extra cost if we wanted them to build one for us. Perhaps you could have the builder add the fence into your contract and the fence will already be in place when you get the keys. |
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M in Carolina
Pearl Clutcher
Posts: 3,128
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Post by M in Carolina on Dec 17, 2016 6:29:46 GMT
There's two things that stuck out to me-- my dad was a developer and did several residential subdivisions. He also oversaw the building of the house we lived it at the beach. Working with him is why I chose to get a degree in interior design.
First, why does the contractor put the onus on *you* to bake cookies, etc. and smooth this over? Because you have a vagina? He's a grown man, can't he go buy her a Starbucks gift certificate or something?
Also, what kind of cut rate construction company can't communicate well with people--especially another one of their customers? Didn't they build her house as well?
If they did build her house, too, that's the most concerning to me. I don't think she's upset with *you*. I think she's already pissed off of at him.
I would definitely go talk to her, but I'd want to hear her side of things. There's three sides to any story, and don't assume that your neighbor is being the "irrational bitch" your construction company is trying to make her out to be.
Before I got to the point of no return with building on this lot, I would get to the bottom of this issue. Is she really this upset over a rose bush and a couple seedlings? Or is she already furious because she's stuck in a house that wasn't built very well.
Dh and I have been arenting a townhouse for the past 3 years that was brand new when we moved in. We're so glad that we didn't buy this dump. There's a lot of cracks from settling, the carpet is the cheapest "builder" grade we've ever seen--and we've lived in 9! places that had cheap carpet. The heat pump in our attic flooded this past summer. We tried to get our landlord to get someone to put those industrial fans in the attic to dry out the sheet rock. But he refused. Now we can't use the toilet in our master bath because the ceiling is covered in mold! Thankfully the toilet is in a little closet, so we can keep the door closed so the moldy air doesn't spread.
That sort of ineptitude from a builder is what I would want to know about as a potential client.
There are also some people who just don't make good neighbors. Putting up fences and such can make reasonable people lose their minds! If this is the case with you, then just try to be the best neighbor you can. I wouldn't want to have a feud with my neighbor over a rose bush (and I wouldn't mind a rose bush growing on my fence), but I wouldn't let them ease over my property line, either. --The first house that we owned at the beach had an easement issue when our neighbors put in a pool. Both they and my parents wanted a wall for privacy, but my dad and the neighbor were also friends. So they came to a compromise that kept them friends and good neighbors.
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M in Carolina
Pearl Clutcher
Posts: 3,128
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Post by M in Carolina on Dec 17, 2016 6:39:14 GMT
Another point I just thought about. Don't assume that your builder's survey is correct. I wouldn't just assume that my surveys are right. When I talked to her, I'd ask her where her survey says the line is. Maybe she paid for her own, and the contractor is wrong. Telling you that she's irrational is just a way he could be CYA.
I think the best course of action is to be friendly and tell her that you want to be good neighbors. She knows how stressful building is. It's also stressful to live beside a construction project.
Maybe start out asking about her experience with that contractor guy. She might have a valid complaint with him and could save you a lot of stress by knowing about any issues and pitfalls. Even about choosing different building materials/appliances/home warranty, etc.
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Deleted
Posts: 0
Aug 18, 2025 20:03:43 GMT
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Post by Deleted on Dec 17, 2016 7:46:40 GMT
If this is a new subdivision shouldn't the plots be already laid out?
I would find a different spot.
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mlana
Pearl Clutcher
Posts: 2,525
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Post by mlana on Dec 17, 2016 9:55:13 GMT
Where I live, fences have to be built so many feet inside your property line so you have room to maintain the fence while still being on your own property. I am not sure if there are any exceptions for fences that are jointly owned by both neighbors.
Do you actually own the property now? If not, I'd make having the property surveyed by a company of your choice part of the deal, just in case the builder is wrong about the lines.
Your PM may be encouraging you to make nice because this person will be your neighbor when you move in. If you can speak with her and get this settled before things get any nastier, you will be much happier when you move in. Yes, it might be his job to deal with, but you are the one who lives with the fallout.
Marcy
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momto4kiddos
Drama Llama
Posts: 5,156
Jun 26, 2014 11:45:15 GMT
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Post by momto4kiddos on Dec 17, 2016 11:23:41 GMT
I like your idea of a 2nd survey before the fence goes in. In this case it would be good to be 100% certain the lines are correct. If she has bushes or trees that get fenced into your yard, then I imagine she might come to you and ask if she could take them back (and i'd let her.)
This is the builders issue with her currently. Hopefully if she sees another company has the same lines she'll be civilized.
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Post by mikklynn on Dec 17, 2016 13:26:09 GMT
Thanks! Yeah we are going to put a fence in but we can't do anything until the builder does the final grading which is slated for April or May. Stinks building in the winter. As soon as they do it, I am paying the county/township $500 to officially survey again and then have fence installed. If she pulls the stakes up... I can't promise I will be nice. Our thought was to go and talk with them and say we are getting our yard surveyed for a fence. Once it's completed, we will begin the process of building fence and if they are on the line or over, it's going to be a dig up at will. However, what happens if they planted a tree on the property line? We are thinking we may move in a tiny bit but still uncertain. Because I imagine they are going to want those but installing a fence on the line will prohibit that. We also were talking about making sure it's a maintencae free fence because it could be ugly trying to go over and repair and such. Currently we are encouraged to have a wrought iron fence. Which doesn't do much to hide. Trust you me, I don't want to look into their backyard. It's basically the reason we want a fence and decided against adding extra windows on that side of the house. This is exactly the right thing to do - hire a professional to do the survey. She may not blame you, but rather the builder. We had similar drama when we built our house. We ended up with a cordial relationship with those neighbors. Fortunately, our builder paid for a third party survey to satisfy them. |
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Post by bearmom on Dec 17, 2016 13:30:56 GMT
Because you are going to live there for the long term, I would go over myself and talk to neighbor. She very well might have a valid reason for thinking the stakes were placed wrong. Maybe your survey disagrees with hers.
The builder said she became irrational, but he may have provoked the situation. I agree with the pp, there is more than one side to the story and you only have his. If your conversation doesn't go well, then I would have all communication go through the builder.
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Deleted
Posts: 0
Aug 18, 2025 20:03:43 GMT
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Post by Deleted on Dec 17, 2016 13:57:09 GMT
There have been many good responses so far...
The lot should have metal irons in the ground, so the surveyor probably just marked them with a wooden stake/lathe above grade. A pain that she pulled them, but they can be re-done.
Like others mentioned, who owns the lot? They should be discussing this with the neighbor.
Have the survey double checked - NOW, not later. Nip this issue quick. The neighbor may be bitter her "extra" yard is being taken away. She also may have no clue of the lot lines. Ask to see her certified survey (a plot plan is not the same). The surveyor can show you his work (and show if he worked from the development certified survey) and let him know there is a concern from the neighbor. He is only marking the lot, he does not have to deal with cranky neighbor. He also may have mis-staked something.
As for encroachment, it has to be around 8 years of "use" or something similar. However, past practice shows that the concept of "squatting" technically would not hold up in court. If it's only been three years you should have no worries. But document that an issue was raised so you have a date of reference. And document how you tried to resolve it so you have a paper trail.
Building a home is one of the most stressful times of life. It's a lot of work. And make those you are paying to do the work - do the job that you are paying for. If you remember it differnetly or know it's wrong, let them know! They may give you grief, but some slack when no one is "watching." Learn to read the plans and check everything along the way.
Good luck!
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Deleted
Posts: 0
Aug 18, 2025 20:03:43 GMT
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Post by Deleted on Dec 17, 2016 14:18:33 GMT
I have no advice, it looks like you got great advice.
But yikes, what a way to meet the new neighbors.i hope things ease up by move in time and this is all a faded memory. Good luck with the build! So exciting! I have never gotten to do a new build.
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Post by ktdoesntscrap on Dec 17, 2016 14:19:40 GMT
There is always what is within your "rights" to do, and what is the right thing to do.
How would you want her to approach you?
Do you want to have a good relationship with your neighbor?
I think your builder sounds a bit condescending, but I think he might be right.
I would go over with a peace offering and talk to her. GIve her the benefit of the doubt and try to understand her point of view. That said I would not give her an inch of my property, but I would try and work it out in the most congenial way.
When I was renting a house my landlord built a second on the property, there was a property line dispute with my next door neighbors. They were right he was wrong, he was such a complete ass about it, they would not sell him the piece of land he wanted. It would not have made a bit of difference to their land. It cost him thousands of dollars in new plans, he did multiple surveys trying to prove he was right, etc. etc. He eventually lost, and he will probably never be able to sell either house because the layout of both houses on the land is so awkward.
Being nice pays off!
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Post by pierkiss on Dec 17, 2016 14:19:56 GMT
Put the fence on the property line. If you want to be nice, ask her if the fence looks nice to her. But honestly, after ripping out my property line stakes that I had just paid for, I'd be really pissed off and probably wouldn't care if she liked my choice in fence or not.
This could have been avoided if she had bought the lot before you. Or her and he other neighbor went in together and bought the lot. But they didn't. You did. You have every right to every inch of that property. Use it as you see fit.
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Post by hop2 on Dec 17, 2016 14:29:57 GMT
1 ) verify your survey
2 ) verify what can or can not be built in the easement. Fences may or may not be allowed depending on how the easementbis worded.
3 ) build your fence as close to the property line as allowed
4 ) eat your own cake
Last point : as a previous poster mentioned the builder may be wrong. If it is a subdivision they are usually required to keep at least the over all division plan on site until they are done. So to say they had nothing showing the lots and divisions seems suspect to me.
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Post by mcscrapper on Dec 17, 2016 14:34:48 GMT
I agree that you've gotten good advice so far.
I would keep a diary of the events just so you have some documentation of the situation. I would also tell the builder to deal with her and not to put you in the situation of being the bad neighbor.
I would also attempt to play nice with her. I agree that there are two sides to every story and it just doesn't add up that someone is getting THIS worked up over having to replant some seedlings and a bush. The very least the builder could do is offer to help her move them to a more suitable area of HER yard.
Once your lot is surveyed, I would take that over to her and play nice. "In the interest of being neighborly, I want to make sure we are all on the same page. We fully intend to have a fence built but it appears we have conflicting surveys and I would like to make sure I'm not on your property. I'm sure you'd like the same. We used XYZ Survey Man and this is what he provided us. If you have any documents stating otherwise, let's go talk to PDS Builder Man and figure out where the discrepancy lies."
Every property in a subdivision like that will have a survey. Even the builder should have one w/out you both having to fork over another $500 to have one done. Seems to me the builder is being lazy. It also seems like they's have issues with her before that could have been their fault so maybe she is projecting her anger on you.
Hope you get this resolved soon!
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Post by freecharlie on Dec 17, 2016 14:38:55 GMT
I agree that you've gotten good advice so far. I would keep a diary of the events just so you have some documentation of the situation. I would also tell the builder to deal with her and not to put you in the situation of being the bad neighbor. I would also attempt to play nice with her. I agree that there are two sides to every story and it just doesn't add up that someone is getting THIS worked up over having to replant some seedlings and a bush. The very least the builder could do is offer to help her move them to a more suitable area of HER yard. Once your lot is surveyed, I would take that over to her and play nice. "In the interest of being neighborly, I want to make sure we are all on the same page. We fully intend to have a fence built but it appears we have conflicting surveys and I would like to make sure I'm not on your property. I'm sure you'd like the same. We used XYZ Survey Man and this is what he provided us. If you have any documents stating otherwise, let's go talk to PDS Builder Man and figure out where the discrepancy lies." Every property in a subdivision like that will have a survey. Even the builder should have one w/out you both having to fork over another $500 to have one done. Seems to me the builder is being lazy. It also seems like they's have issues with her before that could have been their fault so maybe she is projecting her anger on you. Hope you get this resolved soon! I agree with the last two paragraphs. The one over being worked up? She could just be that type of person. I've seen enough crazies on the news to know people can get worked up over anything. |
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Post by ihaveonly1l on Dec 17, 2016 14:47:36 GMT
We were set to close on a house that had an "agreement" about 15 feet of driveway that went across part of the neighbor's property. This was a rural setting and about 40 acres. When the original owners built it, they were friends and just put the driveway in. With that much land, no one really thought much about it. Here we come to buy it and the title company wouldn't clear it. Lost story short, the seller's had to buy the piece of land from the other owner.
I would make sure the boundaries are clear and I wouldn't waiver with fence placement-I would give them time to move things and I wouldn't be crabby about it.  Good luck.
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Southern Side eyed Pea 
Good luck.