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zuzuspetals
LIF Adolescent
Member since 1/07 812 total posts
Name:
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** HELP, please ... regarding neighbors fence on our property
* it all worked out ...
we offered to pay to take down their fence that was on our property but they said they would do that and continue with the fence we are putting up. In essence, they got a 6foot pvc fence on one complete side of their property w/o putting in any money. Also, we had the affidavids but no one asked for them and it resolved in a very nice way. WHEW! I was so stressed. I am the least confrontational person.
Thanks for the help!
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Hello All!
We are getting our new fence installed and the neighbors fence goes onto our property. We learned this when we closed on our house 2 years ago but totally forgot to address it but our lawyer said he was going to get affidavids signed but I am not sure if he did. Anyway, our fence being installed right now ...
What do we do? We are going to walk over there to see if they willabsorb the 175 take down fee of their fence on our property. But what happens if they say "too bad, so sad". Do I have a right to take down their fence that is on their property?
Message edited 4/6/2010 10:31:23 AM.
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Posted 4/5/10 10:35 AM  |
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Prudential Douglas Elliman Real Estate
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Mommy2Boys
My Boys!!!!
Member since 6/06 14437 total posts
Name:
C
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Re: ** HELP, please ... regarding neighbors fence on our property
This is a tough one. You should have really followed up with your attorney about this. Something similar happened to my parents with our neighbors and it was a big ordeal with attorneys and the town to get the property lines redrawn with the approval of my parents and the neighbor.
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| Posted 4/5/10 10:43 AM |
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LuckySV
LIF Adult
Member since 10/05 4675 total posts
Name:
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Re: ** HELP, please ... regarding neighbors fence on our property
You should really contact your lawyer. Technically, if there are signed affidavits then I BELIEVE (not a lawyer, i don't KNOW for sure) you should be able to take down there fence (but you may want to go as amicably as possible-they are your neighbors).
We had this issue when we put up our fence (only there was no existing fence of their's to take down) we just had to extend into "their" property-which was really our property). We had affidavits and a survey to prove that it was our property. Boy, did I get a nasty phone call from our neighbor! I had to send a letter and a copy of the survey proving it was our's.
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| Posted 4/5/10 10:56 AM |
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Jenn627
Laaaaaaaambert!
Member since 5/08 9818 total posts
Name:
Jenn
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Re: ** HELP, please ... regarding neighbors fence on our property
How far on your property does their fence go?
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| Posted 4/5/10 10:58 AM |
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Coosie
So in love with my little boy!
Member since 1/10 1889 total posts
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Re: ** HELP, please ... regarding neighbors fence on our property
The same thing happened to us. For the last 10-15 feet of my property, the fence apparently slants a bit (can't see with the naked eye). Our neighbor actually encroaches about 1 1/2 feet on the back part of our property so his fence and part of his shed are really on my property. They had to sign an affidavit before we closed stating that they know this and will remove anything that is on our property if we ever ask. My lawyer gave me a copy of the affidavit if a situation like yours ever arose. I would call your lawyer to see if his has this on record for you.
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| Posted 4/5/10 11:33 AM |
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leese
Sarge!
Member since 5/05 1965 total posts
Name:
Leese
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Re: ** HELP, please ... regarding neighbors fence on our property
We had a slightly different situation - our original fence was not on the line. But our back neighbors were original owners and had this extra space for years.
We told them at one point that we wanted to get a new fence. What we did was paid for the fence ourselves and told them we were taking back our property (about a few feet).
They weren't entirely happy and hate the new fence (its a 6 foot fence, so I don't blame them). But, they did appreciate that we paid for it and took care of anything that came up (i.e. dirt from digging was removed, etc.).
To be honest, I'd let them know you want to take back your property, show them the survey and pay for the removal cost yourself.
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| Posted 4/5/10 11:44 AM |
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ali120206
2 Boys
Member since 7/06 17789 total posts
Name:
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Re: ** HELP, please ... regarding neighbors fence on our property
We had the same issue and have copies of the affadavits. We have two neighbors who are on our property and we were told we couldn't get title insurance until everything was signed off on.
Years ago, everyone in our neighborhood had aboveground pools so people put up fences themselves.
We are 6 feet on the person behind us' property and they just sold their house and we weren't given anything to sign which had me 
ETA - I wouldn't expect your neighbors to pay the removal fee to accomodate your new fence, I think you should pay it.
Message edited 4/5/2010 3:35:44 PM.
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| Posted 4/5/10 3:35 PM |
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ChrisDee
My Girls
Member since 11/06 9543 total posts
Name:
Christine
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Re: ** HELP, please ... regarding neighbors fence on our property
I think the fact that you waited until the last minute, may make this more difficult for you.
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| Posted 4/5/10 10:19 PM |
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Faithx2
All good things in 2016!!
Member since 8/05 20181 total posts
Name:
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Re: ** HELP, please ... regarding neighbors fence on our property
Posted by leese
To be honest, I'd let them know you want to take back your property, show them the survey and pay for the removal cost yourself.
I agree.
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| Posted 4/6/10 6:45 AM |
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