Neighbor's Fence Extension and Property Line Question/Issue

[jprez1980]

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

New homes built in 2013, sprinkler system installed by builder.

I come home this afternoon and notice that the neighbor next to us has had a construction crew come out and dig post holes and install metal poles to extend their fence. Looking at the pole placement I immediately spot a problem...my sprinkler heads are now either directly in alignment with their new poles and in some cases my sprinkler heads are now behind their poles. Once the fence boards are installed my sprinkler heads will either no longer pop-up or will pop-up behind their extended fence. In looking at the survey, my yard spreads open towards the front of the home.

The neighbor has indicated it's not their problem and is continuing to have their fence installed and is directing me to speak with their fence company or the builder. I find that a little strange, I know I wouldn't spend my money on a fence install without knowing it's being placed on my property. I've already spoken with the fence company (English is not their primary language so that's difficult already) and they said they did not look at or measure from survey.

Any ideas or suggestions?

 

[LdiJ]

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

New homes built in 2013, sprinkler system installed by builder.

I come home this afternoon and notice that the neighbor next to us has had a construction crew come out and dig post holes and install metal poles to extend their fence. Looking at the pole placement I immediately spot a problem...my sprinkler heads are now either directly in alignment with their new poles and in some cases my sprinkler heads are now behind their poles. Once the fence boards are installed my sprinkler heads will either no longer pop-up or will pop-up behind their extended fence. In looking at the survey, my yard spreads open towards the front of the home.

The neighbor has indicated it's not their problem and is continuing to have their fence installed and is directing me to speak with their fence company or the builder. I find that a little strange, I know I wouldn't spend my money on a fence install without knowing it's being placed on my property. I've already spoken with the fence company (English is not their primary language so that's difficult already) and they said they did not look at or measure from survey.

Any ideas or suggestions?

You are going to have to have to sue your neighbor. Consult a real estate attorney. Once you do that your neighbor will realize that its HIS problem.

 

[154NH773]

Without corner pins placed, you are just guessing where the line is. Get a survey and place corner pins; and if he is over the line, send him notice to stop and remove his fence. If your sprinklers are on the wrong side of the line, move them quickly.

The surveyor who originally did your survey can probably locate the corners for not a lot of money. He may even be able to uncover original corner markers if they were previously placed.

 

[jprez1980]

Without corner pins placed, you are just guessing where the line is. Get a survey and place corner pins; and if he is over the line, send him notice to stop and remove his fence. If your sprinklers are on the wrong side of the line, move them quickly.

The surveyor who originally did your survey can probably locate the corners for not a lot of money. He may even be able to uncover original corner markers if they were previously placed.

The plot thickens...I had the builder come out and do exactly that - given the home is only 8 months old it was easy to find the original pins. the builder indicated the area in question is a "6 inch wide shared drainage easement". Both my sprinklers, and the neighbors sprinklers share this 6 in wide shared space. In fact, some of his sprinklers will no longer function with the placement of the poles that were placed nearly in the middle of this 6 inch space.

The fence builder has indicated that they will be moving their customer's sprinklers as part of the job but mine will have to be moved at my own expense since it's a shared area. I do not agree with this concept - the sprinklers for both of us work presently and would continue to do so had the neighbor not decided to repurpose part of the shared space which now presents this problem.

Any additional advice? I'd prefer to not go the lawsuit route - the builder indicated they are not involved and the sprinklers are in the proper position for both parties. I'm a little surprised the fence company is moving forward but I guess they see this all the time...

 

[OHRoadwarrior]

Somebody owns the 6"s of property and the other person has an easement. Who owns it?

 

[154NH773]

Somebody owns the 6"s of property and the other person has an easement. Who owns it?

This is the key to your question. If you own the land, then he must move his fence. If he owns the land, then you must move your sprinklers. (Unless there is some easement language that allows otherwise.)

You seem to be talking about moving sprinkler heads less than a foot. The cost of moving them is certainly less than a lawsuit would cost, even if you have to move some lines.

 

[jprez1980]

This is the key to your question. If you own the land, then he must move his fence. If he owns the land, then you must move your sprinklers. (Unless there is some easement language that allows otherwise.)

You seem to be talking about moving sprinkler heads less than a foot. The cost of moving them is certainly less than a lawsuit would cost, even if you have to move some lines.

According the builder, the verbiage states we both equally own the shared space and are both responsible for it's upkeep in terms of mowing, etc (really, just 6 inches wide of shared space the length of the property but ok). Although I don't agree with the neighbors actions or how they handled the issue I've already begun to dig and move the sprinklers myself. Luckily they are connected via flexible tubing so I can move them without moving the actual white pipe that feeds each sprinkler head. It's still a pain but it is cheaper than a lawsuit and perhaps one day this thing will blow over.

It's a minor inconvenience all things considered but the principal of the matter still bothers me. Best not to waste energy and money and tie up courts for something fairly minor. I do wonder how it will impact him (or me for that matter) when it comes time to sell....

 

[justalayman]

According the builder, the verbiage states we both equally own the shared space and are both responsible for it's upkeep in terms of mowing, etc (really, just 6 inches wide of shared space the length of the property but ok). Although I don't agree with the neighbors actions or how they handled the issue I've already begun to dig and move the sprinklers myself. Luckily they are connected via flexible tubing so I can move them without moving the actual white pipe that feeds each sprinkler head. It's still a pain but it is cheaper than a lawsuit and perhaps one day this thing will blow over.

It's a minor inconvenience all things considered but the principal of the matter still bothers me. Best not to waste energy and money and tie up courts for something fairly minor. I do wonder how it will impact him (or me for that matter) when it comes time to sell....

then when there is or was a survey done it would show that 6" overlap. I highly doubt that is the case since combining that with the rest of your parcel would cause all sorts of headaches in the future.


but...

if the area is actually shared ownership, then neither can restrict the other from accessing that 6" piece (that means he would not be able to place his fence inside of the easement area). Depending on the terms of the easement, you (both) may or may not be able to place your sprinklers on the are.


if it is not actually owned by both, what rights anybody has will be very specific to who owns it, who is the tenant of the easement and what rules were placed in the easement to control the easement.

 

[154NH773]

"According the builder, the verbiage states we both equally own the shared space and are both responsible for it's upkeep in terms of mowing, etc "

I don't believe it. What "verbiage"?Read the easement yourself, compare deed language. Like what was said, that 's a nightmare if true, and your neighbor can't put his fence there .