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Little Q on Fencing on Property

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Liverbird

Junior Member
What is the name of your state? Alabama

Both our neighbour and ourselves bought houses from the same person a year apart. Our neighbour didnt get a survey, she got her survey from the original owner. They put up a fence on what they thought was their property. We bought our house and got a survey only to find that their fence is on our property, starting right on the property line at one corner and going on to our property at the other end by 0.8". We spoke to a lawyer and they said that it wasnt worth upsetting the neighbours over just as soon as we move in, so we left it till Hurricane Ivan came (4 yrs later).

The hurricane blew some of our trees over on to their property crushing the fence and one that was hanging over their property but not endangering their house. The neighbour came over one morning and asked when were we going to have the dangerous tree cut down as they wanted their fence to be put back up and didnt want the tree falling on it. We said we will get it done asap, which we did. After all that was done I put a letter in to their mail box with a copy of our survey showing where their fence was and could they put it back on their property. 2 days later the fence was put back up on our property. A week or so later I got a letter asking where I got the survey from and would I be willing to get a survey done as she didnt believe the copy Id given her. So I went round with another copy of our survey stating that it was on our property and we wanted it moving. Its still there, how long should I give her to move it and should I get a lawyers letter to make it more official.

Is there anything in the laws stating that fences CAN be put on the property line?
 


I AM ALWAYS LIABLE

Senior Member
Liverbird said:
What is the name of your state? Alabama

Both our neighbour and ourselves bought houses from the same person a year apart. Our neighbour didnt get a survey, she got her survey from the original owner. They put up a fence on what they thought was their property. We bought our house and got a survey only to find that their fence is on our property, starting right on the property line at one corner and going on to our property at the other end by 0.8". We spoke to a lawyer and they said that it wasnt worth upsetting the neighbours over just as soon as we move in, so we left it till Hurricane Ivan came (4 yrs later).

The hurricane blew some of our trees over on to their property crushing the fence and one that was hanging over their property but not endangering their house. The neighbour came over one morning and asked when were we going to have the dangerous tree cut down as they wanted their fence to be put back up and didnt want the tree falling on it. We said we will get it done asap, which we did. After all that was done I put a letter in to their mail box with a copy of our survey showing where their fence was and could they put it back on their property. 2 days later the fence was put back up on our property. A week or so later I got a letter asking where I got the survey from and would I be willing to get a survey done as she didnt believe the copy Id given her. So I went round with another copy of our survey stating that it was on our property and we wanted it moving. Its still there, how long should I give her to move it and should I get a lawyers letter to make it more official.

Is there anything in the laws stating that fences CAN be put on the property line?

My response:

Just knock it down. It's on your property. You have a right to remove any encroachment from your property.

Let her sue you and PROVE that the fence WAS on her property. When she can't, then you sue her for malicious prosecution.

IAAL
 

PghREA

Senior Member
"Is there anything in the laws stating that fences CAN be put on the property line?"

Check with your local municipality for rules and regs on fencing. But, what is 8/10 of a foot going to do for you?
 

Liverbird

Junior Member
PghREA said:
"Is there anything in the laws stating that fences CAN be put on the property line?"

Check with your local municipality for rules and regs on fencing. But, what is 8/10 of a foot going to do for you?

I guess all we want is what WE paid for and not let someone else take from 0 to 0.8 along a 600 property line via fencing.

Thanks for answering tho :)
 

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