Fence encroachment, hostile neighbor

[Karyn Catherine]

What is the name of your state (only U.S. law)? Texas

Amicable resolution to ths problem isn't an option. Based on an old survey, I believe my neighbor's fence encroaches on my property. (I do not believe he has met the conditions to claim adverse possession, but need to investigate further.) Assuming AP isn't going to be an issue, I plan on getting a new survey to confirm the property line. If & when the survey confirms my belief that his fence in on my property, I will send him a certified letter notifying him of such. 1. Do I have to send him a copy of my survey? (will simple notification that a survey was recently stamped) 2. Can I demand that he remove those portions of his fence from my property? And if so, 3. how much time do I need to give him to remove the fence? Thanks

 

[154NH773]

There is no requirement that you send him a copy of the survey, but it might help his decision on how to proceed. Give him a "reasonable time" to remove the fence.

I would suggest that when you have the survey done, you have the surveyor place copper electrical grounding rods in the ground at the corners. These can be pounded in deep enough that they will be almost impossible to pull out. You can pound them flush with the ground, and they can be found easily with a metal detector in the future.

 

[FlyingRon]

I would suggest that when you have the survey done, you have the surveyor place copper electrical grounding rods in the ground at the corners. These can be pounded in deep enough that they will be almost impossible to pull out. You can pound them flush with the ground, and they can be found easily with a metal detector in the future.

I don't know of any surveyor that puts in ground rods. Iron marking pins is more typical. They can be found with a metal detector, are difficult to remove and in many places a CRIME to tamper with.

 

[HomeGuru]

I don't know of any surveyor that puts in ground rods. Iron marking pins is more typical. They can be found with a metal detector, are difficult to remove and in many places a CRIME to tamper with.

**A: good one. Ground rods may be a new concept to ground all corners of the house. Interesting concept, hahaha.

 

[154NH773]

Yes, it may be a crime to tamper with corner markers, but reading this forum it is obvious that many people do, and most are never caught.

Typically, corner markers may be 1-2 foot rebar, and may be pulled out without much trouble. They will also rust away over time (although they will last many years). Electrical grounding rods, on the other hand, are typically 4 feet or longer, and may be cut to a length of about 3 feet, which when pounded down flush are almost imposible to remove with out equipment. They are also copper coated, and will last longer, and give out a strong signal to a metal detector.

If the surveyor will not install them (can't see why he wouldn't if requested), you can buy them and install them yourself, either on the corner mark, or as a witness marker a set distance and direction to the corner. You will then have a good marker to go to if the neighbor is a "criminal".

 

[Karyn Catherine]

Would 2 weeks time be considered "reasonable?" I want to provide this neighbor with as little information as possible about me and my property is why I was asking, but I will make sure the surveyor marks the line as suggested. My other question was if this neighbor does not respond within the "reasonable time" decribed in the letter, can I remove that portion of the fence and charge him for labor/attny fees? Thanks

 

[Zigner]

They are also copper coated...

By definition, a copper rod is not copper "coated" - it's copper, through and through. I'm just sayin'

 

[Zigner]

I'm curious, when was the fence built? Was it there when you moved in? If it was, then it's entirely possible that he had permission to place the fence there.

 

[HomeGuru]

I'm curious, when was the fence built? Was it there when you moved in? If it was, then it's entirely possible that he had permission to place the fence there.

**A: if he did have permission then there can be no adverse possession as the use was not notorious.

 

[154NH773]

By definition, a copper rod is not copper "coated" - it's copper, through and through. I'm just sayin'

I don't know why we are arguing over my suggestion to put in electrical ground rods as corners, but; ground rods are steel with a copper cladding. Solid copper would not drive in easily, and the copper cladding is fine for grounding; just saying...

 

[Zigner]

I don't know why we are arguing over my suggestion to put in electrical ground rods as corners, but; ground rods are steel with a copper cladding. Solid copper would not drive in easily, and the copper cladding is fine for grounding; just saying...

I'm not arguing over your suggestion.

As to grounding rods being copper clad...that's interesting. I suppose that working in an industry with easy access to actual copper rod has spoiled me. The rods at my house are copper...not copper clad. There was no problem driving the rod. I suspect that a big part of the reason they are copper clad is simply cost.

 

[HomeGuru]

Don't tell the copper thieves out there. They got homes, schools, churches......and steal gutters, wiring and anything they can sell at the recyling place.

 

[Karyn Catherine]

I purchased the house close to 2 years ago, he's been in his house for 5-6 years. My privacy fence was here when I bought the house, I do not know when his fences were built but I believe they may have been built prior to his purchase. I am not worried about adverse possession. One of his fences ties into mine perpendicularly in 2 places, blicking me out so I cannot access the portion that lies in between. He will not let me have access his property to take care of my property (fence). I am not posting to find out about the qualities of copper, I want to find out if 2 weeks is a reasonable amount of time and if he does not respond to my letter if I am able to take down his fence that is on my property. Thank you.

 

[HomeGuru]

I purchased the house close to 2 years ago, he's been in his house for 5-6 years. My privacy fence was here when I bought the house, I do not know when his fences were built but I believe they may have been built prior to his purchase. I am not worried about adverse possession. One of his fences ties into mine perpendicularly in 2 places, blicking me out so I cannot access the portion that lies in between. He will not let me have access his property to take care of my property (fence). I am not posting to find out about the qualities of copper, I want to find out if 2 weeks is a reasonable amount of time and if he does not respond to my letter if I am able to take down his fence that is on my property. Thank you.

**A: the answer is no. Generally a reasonable time frame is 60-90 days.

 

[derwith]

As an electrical contractor, I can't help but chime in about electrical ground rods. You cannot buy a ground rod that is pure copper at an electrical distributor or home supply store. You can buy a copper ground ground that is 5/8" X 8 feet or 3/4" X 10 feet and is copper clad.

It would be impossible to drive a pure copper rod 8 or 10 feet into the ground with a large hammer or sledge hammer.

Our ancestors found copper so soft and pliable that it was pretty much unusable. They decided to smelt it with tin and lo and behold we now have bronze and the bronze age begins. Now we get much better weapons than sticks and stones.