Being sued for using neighbors corner post...

[Kratos7525]

Moved to new home in subdivision that did not have a completed fence. The front and two sides were completed but not the back. About two months ago we finally had the back completed and connected to our neighbors back fence by using their posts. Now after nearly two months of enjoying our fenced yard we were served papers from one of our neighbors stating that we damaged their corner post by connecting our fence without their permission. They are asking for 350-500 dollars not sure for what? We had no fair warning and had they spoken to us anytime during installation we would have had a separate post put in beside theirs. They are claiming the post is on their property, but I am sure the concrete holding that post is on ours. So what should we do? Should we try to negotiate with what seems to be irrational people or should we have our day in court? Just upset they never gave us a fair shake in this mess!

 

[FlyingRon]

They're not obliged to give you warning before a suit. The service is the warning.

You didn't indicate what state this is in, so we can't tell you what applies (boundary fence laws are different in different states).
Being "pretty sure" means squat. You need a survey if you're going to fight this based on the post being on your land or on the boundary.

 

[Kratos7525]

Live in Idaho...

After reviewing where the surveyors peg is located the owners actually shorted themselves three inches of their own property. In fact, there are weeds growing on our side that are technically there's so we can be ticky-tack and demand that they take care of it but do not have permission to step on our property to do so. So in the end since the neighbors shorted themselves their own property even if we were to put our own post next to theirs it would still be considered on their property. So the only solution would be to leave a three inch gap between their corner post and ours. This could go south really quick!

 

[justalayman]

After reviewing where the surveyors peg is located the owners actually shorted themselves three inches of their own property. In fact, there are weeds growing on our side that are technically there's so we can be ticky-tack and demand that they take care of it but do not have permission to step on our property to do so. So in the end since the neighbors shorted themselves their own property even if we were to put our own post next to theirs it would still be considered on their property. So the only solution would be to leave a three inch gap between their corner post and ours. This could go south really quick!

They didn't short themselves anything. They simply placed the fence clearly within their property boundaries. That way they ensured nobody could legally attach to their fence.

Yes you can complain about the weeds.
You have no legal right to put a post on their property.
if you don't want a gap I suggest you stop using their fence to be used as your fence and install your own fence on your property. You are 100% in the wrong here so if it goes south, it is your fault and you will face any penalty.

 

[Kratos7525]

In addition...

Since we do not want to be labeled trespassors can we take our neighbors to court to move their fence and take control of the three inches they left us? We do not want to live in fear of being sued when they are the ones that left us in this predicament by not utilizing all their land!

 

[justalayman]

Since we do not want to be labeled trespassors can we take our neighbors to court to move their fence and take control of the three inches they left us? We do not want to live in fear of being sued when they are the ones that left us in this predicament by not utilizing all their land!

No you cannot make them move their fence. There is no requirement a fence be placed on a boundary line.

If you want to attempt to claim the three inches thorough adverse possession, get out your wallet and see if you have enough money to write a 5 figure check to attempt to make such a claim.

To avoid being labeled a trespasser, don't trespass. Stay off their property. They did not leave you in any predicament. They placed a fence on their property. You can place a fence on yours if you want a fence.

 

[Kratos7525]

We do not want a gap!!!

Believe you me we do not want a gap and we do not want any portion of their property and it is fine that they set their posts within their boundary, but by doing so, there would in fact be gap through no fault of our own!!!

 

[justalayman]

Believe you me we do not want a gap and we do not want any portion of their property and it is fine that they set their posts within their boundary, but by doing so, there would in fact be gap through no fault of our own!!!

So they have a gap on their property. Actuslly they don't. You simply cannot put your fence immediately next to theirs.

Simple solution; install your own fence, including along the entire property line abutting this neighbor. That way your yard is enclosed with your fence.




Otherwise yes, there will be an opening where your fence ends. That means you simply have not enclosed your property. That is your choice and due to no fault of the neighbors.

 

[John Se]

I would offer them half of what they asked for and move on. Or pay your attorney to respond and go from there.

 

[not2cleverRed]

Since we do not want to be labeled trespassors can we take our neighbors to court to move their fence and take control of the three inches they left us? We do not want to live in fear of being sued when they are the ones that left us in this predicament by not utilizing all their land!

Many municipalities actually *require* that fences that are not mutual fences have such a set back.

Your neighbors are doing something that is standard in many parts of the country.

YOU are being UNREASONABLE. Make nice, say you're sorry, move your stuff off your neighbor's property, because you are the one in the WRONG, not them.

 

[tranquility]

The fence is already up so I am confused as to the problem. The other side is asking $350-500 for "not sure for what". Make that what you're not sure of to be a license, easement, permission or whatever you want to call it (And, depending on the exact facts on goals and process.) for the fence. Easy-peasy. Getting an attorney to review things will cost more; let alone if there is some litigation.

Offer $250 for written permission to put the fence there forever. Accept $500 as the price. Good fence, good neighbors, no gaps and the problem is solved.