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bpmom
Feeling Blessed
Member since 6/07 2963 total posts
Name:
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Fences and neighbors -
We are doing some construction on our house, so we just had a new survey drawn this week and found out our property line is 2.5 feet beyond where our fence is -- DH would like to move the fence to take back that space because it would make a big difference in our yard (we have less than 1/10th of an acre -- 2.5ft x 20 feet of fence = a lot more room for the dog and kids to run around)....
My question is - how do I approach this with my neighbor? Obviously, they understand the other side of the fence to be theirs, not ours, and they utilize the space accordingly.
We're friendly, but we're not really close and considering our construction plans are going to be causing chaos on our cul-de-sac this summer, I'm nervous to approach this...
Has anyone done this? TIA!!
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Posted 4/9/11 3:20 PM  |
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Melmel821
Love being a mom!
Member since 5/08 2776 total posts
Name:
Melanie
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Re: Fences and neighbors -
Friendly but to the point. Have the survey to back up your information.
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| Posted 4/9/11 3:52 PM |
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MikesBride
LIF Adult
Member since 12/09 1245 total posts
Name:
Ilana
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Re: Fences and neighbors -
Posted by Melmel821
Friendly but to the point. Have the survey to back up your information.
This...by right its yours, while it sucks for them you are paying taxes on it so you should be able to use it.
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| Posted 4/9/11 3:53 PM |
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JennZ
MY LIFE!!
Member since 8/05 25463 total posts
Name:
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Re: Fences and neighbors -
Well technically, if they have been maintaning it, mowing, raking etc its theirs. Mil had this issue with one of her neighbors, they took it to the town and since the neighbors were maintaining it for over 3 yrs, they got it. Mil lost about 4 feet on the side of her yard. Check with your town.
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| Posted 4/9/11 4:56 PM |
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bpmom
Feeling Blessed
Member since 6/07 2963 total posts
Name:
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Re: Fences and neighbors -
Posted by JennZ
Well technically, if they have been maintaning it, mowing, raking etc its theirs.
That sounds crazy to me!! makes me want to start mowing and raking 4' further on all sides of my property lines, KWIM?
After thinking more about it, I remember when this particular neighbor had a fence dispute with someone on her other side (it was the other guy's fence on HER property)-- she showed the other neighbor the survey and gave him three notices to move it -- when he didn't move the fence she paid to have it moved and then invoiced him for it.
I think I should be OK if I tell her we had a new survey done and ask her when would be a good time for her for us to get it moved....
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| Posted 4/9/11 5:08 PM |
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Karen
Just chillin'!!
Member since 1/06 9690 total posts
Name:
Karen
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Re: Fences and neighbors -
Posted by JennZ
Well technically, if they have been maintaning it, mowing, raking etc its theirs. Mil had this issue with one of her neighbors, they took it to the town and since the neighbors were maintaining it for over 3 yrs, they got it. Mil lost about 4 feet on the side of her yard. Check with your town.
Yes, there is a technical term for this, which right now is escaping me.
How long has the other fence been up? If the other neighbors fight you on this, and can prove they have been maintaining the land for xxxx years (I thought it was closer to 10) it is possible for the land to be deemed theirs.
ETA: The term is adverse possession.
Message edited 4/9/2011 6:27:30 PM.
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| Posted 4/9/11 6:23 PM |
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Goobster
:)
Member since 5/07 27557 total posts
Name:
:)
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Re: Fences and neighbors -
I just read in NY the adverse possession law is 10 years. 10 years of the other person using the land and believing it is theirs, with no breaks in that time frame.
So how long has the fence been put up and who put it up?
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| Posted 4/9/11 7:42 PM |
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Siren77
LIF Adolescent
Member since 9/09 828 total posts
Name:
Siren77
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Re: Fences and neighbors -
I would have the property "staked out."
It's not expensive at all. I would tell them that you are doing construction and will be putting up a new fence. Then tell them "To make sure the property lines are respected, we are having the property staked out." Welcome them to be there when the ppl come to do the stake out. We had this done, if you have any questions send FM. I'd be happy to help.
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| Posted 4/9/11 8:22 PM |
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cutie
LIF Adult
Member since 2/06 1893 total posts
Name:
Janine
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Re: Fences and neighbors -
We had a similar issue when we had our fence replaced with our neighbor - and we are only talking a matter of inches!
I 'think' adverse posession is more along the lines of if your fence is on their property and they don't repdo anything then the land technically becomes yours.
Obviously, you would want your fence to be within the boundaries of your property.
I agree that the staking is a good idea. According to my attorney, we didn't even have to tell the people behind us that we were replacing our fence - it was our property....and in hindsight, I wish that I hadn't told them. It cost us a fortune and it took months.
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| Posted 4/9/11 10:48 PM |
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