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  1. #1
    kal60 is offline Junior Member
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    Neighbor's fence on my property

    Maryland - My neighbor recently replaced his 3 ft fence with a 6 ft fence. The 3 ft fence was within his property line but when he put up the new fence he moved it onto my property by 1/2 foot. I did get a survey and he now admits he's on my property but refuses to move the fence. I'd like to know if this is something I would take to circuit court and is this trespassing? I would also like to recover the cost of the survey.What is the name of your state?
  2. #2
    danno6925 is offline Member
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    simple answer

    If you want the money you paid to the surveyor back so badly, offer the neighbor an easement in tenancy for the 6 inches he is encroaching onto your property.

    An easement in tenancy is just like it sounds - it's extinguished when you sell the property.

    The new owner would have to negotiate a new easement from the neighbor upon purchase.

    IMO, you're engaging in a petty property line dispute. I mean really - 6 inches?
  3. #3
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by kal60 View Post
    Maryland - My neighbor recently replaced his 3 ft fence with a 6 ft fence. The 3 ft fence was within his property line but when he put up the new fence he moved it onto my property by 1/2 foot. I did get a survey and he now admits he's on my property but refuses to move the fence. I'd like to know if this is something I would take to circuit court and is this trespassing? I would also like to recover the cost of the survey.What is the name of your state?
    OR you could send him a CERTIFIED(RRR) letter demanding he remove the trespassing fence within 5 days or you will have it removed and sue him for the cost.

    I mean hell, attorneys need work these days too.
  4. #4
    danno6925 is offline Member
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    Psychologists need work too...

    So do psychologists. Seriously, 6 inches? Just fuhgeddaboudit
  5. #5
    kal60 is offline Junior Member
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    Its about more than the 6 inches

    Before I put up my fence I had approached my neighbors about sharing the cost of the center fence. They refused. I place my fence 1/2 foot from their existing 3 ft fence so they would have enough room to reach behind their fence for maintenance purposes. When they put up their new fence, they brought it right up to my fence and separated their yard so that the area next to my property is now a dog run. They have 2 large dogs that are digging into my yard (under my fence) and when I offered suggestions to correcting the problem, they had their lawyer send me a letter stating that I had to allow them an easement based on our association articles. So yes, 6 inches is minor in regards to the property but since they are not willing to work with me I really have no other choice.
  6. #6
    Dave Stevens is offline Member
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    Nail him Kal!!

    its not just 6 inches (which by all measures is tiny.....) but its 6 inches times the length of the fence!! Defend your property otherwise every snake in the neighborhood will just chip away a bit at a time. You have already offfered a reasonable fix to the problem, now its time to let him know how its going to be - send him a letter giving him two options, one of which is a lawsuit forcing him to remove the fence off your property and for the cost of the survey. The other option is your choice, but I'm thinking along the lines of "pay for my survey and an amount for the use of my property (temporarily) plus signing an agreement saying he knows its not his property and that the fence will be moved at some point in time, etc."

    Don't let him get away with it or he will just keep bullying you. If he was a decent guy and had no intentions of bullying you he would have never behaved like he has. Nail him!
  7. #7
    Proejo is offline Member
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    Ask yourself these questions:

    1) All things considered, do I derive any benefit from the fence?
    2) Will I miss taking care of that 6" strip of property if I leave the fence as is?
    3) Am I too emotionally involved in this dilemma?

    If you can detach yourself emotionally from this, and determine that you are okay with the fence and that the 6" of property isn't a burden upon you (at this time!), then I'd follow the suggestions of danno's.

    You proved your point with the survey. The other HO should have done this, or stayed within known boundaries. Give the guy an opportunity to pay for the easement in tenancy in an amount equal to your costs of the survey, plus other costs (attorney's fees, filing costs, etc.). If he refuses, then follow the advice of BelizeBreeze and send the certified letter and have some backbone to stand up to the neighbor.
  8. #8
    danno6925 is offline Member
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    Kal60:

    In light of your last post, I recommend you send the letter mentioned in Belieze Breeze's post. Wait the 5 days and tear that mother out! For me, the "cost" incurred would entail the rental of a chainsaw and a laser- level.

    That attorney is full of sh!t. You don't have to give up your property because your neighbor put up a fence.

    FYI: one way I managed to keep large dogs from digging under fences in my yard was to sit out there while they were in the yard. If they started digging into my yard, out came the hose! Worked great for me. Just don't soak them in the dead of winter, since that would be considered cruel
  9. #9
    longsally111 is offline Member
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    fence issue

    I feel your pain. We put up a fence on OUR property entirely because the neighbor behind us refused to help pay for the cost of the back wall of the fence. One year later, he put up a fence and attached to our fence.
    I told them that they were over the property line and they stated that it didn't matter, the covenants of the subdivision state that they are to attach to the fence behind them, too bad for us. We were going to send them a letter telling them to remove it but now we are moving. Isn't it terrible the way some people take advantage?
  10. #10
    IndianaOwner is offline Member
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    It is too bad how some people take advantage. The fact that the covenants state to attach does not give him a right to do so on your property .... the purpose of that was to discourage double fencing and have the fence on the property line. If I had been in your situation, I would have put up the fence on the property line and asked him to pay a percentage back to attach to your fence.

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