Neighbors utility easement & fence

[pavteam]

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

13 years ago when our back neighors house was built (new neighborhood) they listened to the builder & set their fence 5 ft inside their property because of a utility easement - although their neighbors on either side of them did not (they placed their fence on the property 0line. So when they have had cable issues - the cable company had to come into my backyard - not theirs to "fix" anything. We never complained, we cut the grass most of the time. They did plant Pampas grass & occasionally came over to take care of it. (we had been in our house one year before them) WE never had a problem with them

Jump ahead to Feb when we got a puppy - a goldendoodle - a house dog who is outside occasionally. I saw her one day and told her we got a dog & were going to fence in the rest of our yard. She asked me if we were going to put a fence up where we back up to her & I replied "No, you already have a fence" She said but it wasn't on her property line & I told her - that was her choice. A week or so later, she asked us to share in the cost of moving her fence - we ignored her request. Now let me state that she too has a dog - so it isn't that she isn't a dog lover. A few weeks later she decided after all these years to plant bulbs along her fence on our side. I said at that time that she was doing this to see if our dog dug up her bulbs so that she could complain about it. Well, the dog didn't dig up the bulbs, and she never said a word. Until... She decided to erect a greenhouse made of metal tubing and vinyl sheeting. This is not allowed in our neighborhood because of the HOA rules. I did contact the HOA and gave them permission to come onto my property to take a picture of it. She was sent a letter stating that she had to remove the structure. And today... The animal control officer came to my house - she complained about my dog going onto her 5 ft of property after all this time. The Animal control officer was perplexed when he saw the real situation. He even stated that he thought after all these years - the 5 ft of property is basically ours. What are your opinions about this whole situation>

Thanks,

 

[JustAPal00]

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

13 years ago when our back neighors house was built (new neighborhood) they listened to the builder & set their fence 5 ft inside their property because of a utility easement - although their neighbors on wither side of them did not (they placed their fence on the property line. So when they have had cable issues - the cable company had to come into my backyard - not theirs to "fix" anything. We never complained, we cut the grass most of the time. They did plant Pampas grass & occasionally came over to take care of it. (we had been in our house one year before them)

Jump ahead to Feb when we got a puppy. I saw her one day and told her we got a dog & were going to fence in the rest of our yard. She asked me if we were going to put a fence up where we back up to her & I replied "No, you already have a fence" She said but it wasn't on her property line & I told her - that was her choice. A week or so later, she asked us to share in the cost of moving her fence - we ignored her request. Now let me state that is too has a dog - so it isn't that she isn't a dog lover. A few weeks later she decided after all these years to plant bulbs along her fence on our side. I said at that time that she was doing this to see if our dog dug up her bulbs so that she could complain about it. Well, the dog didn't dig up the bulbs, and she never said a word. Until... She decided to erect a greenhouse made of metal tubing and vinyl sheeting. This is not allowed in our neighborhood because of the HOA rules. I did contact the HOA and gave them permission to come onto my property to take a picture of it. She was sent a letter stating that she had to remove the structure. And today... The animal control officer came to my house - she complained about my dog going onto her property after all this time. The Animal control officer was perplexed when he saw the real situation. He even stated that he thought after all these years - the 5 ft of property is basically ours. What are your opinions about this whole situation>

Thanks,

You need to keep your dog off their property. They were under no obligation to fence their entire property.

 

[pavteam]

My dog is not on their property my dog is in my back yard. When I see my dog even going near the 5 ft of property that is on my side of the fence - I bring her in - always have. AND the fence is a 6 ft high stockade fence.

After maintaining the 5ft of property for 13 years, who owns it?

If she now wants to reclaim that 5 ft of property, why should I have to pay for a new fence?

 

[Some Random Guy]

You need to keep your dog off their property. They were under no obligation to fence their entire property.

Agreed.

After maintaining the 5ft of property for 13 years, who owns it?

They do. Perhaps they should thank you for mowing their grass, but that's all you deserve here.

If she now wants to reclaim that 5 ft of property, why should I have to pay for a new fence?

You don't have to. Just keep your dog on your own property. But, how is the fence enclosed on the sides of the yard? Does your fence extend into her 5 feet of property? Did you get her permission to conect to it?

 

[pavteam]

I did not erect the fence behind my house - it is hers - placed there 13 years ago - 5 ft inside her property line.

I didn't have to touch her fence to fence in my backyard. My house sits in a cul de sac. She is on the street behind me. Because of my pie shaped lot, I have 3 neighbors across the back - the other 2 placed their fences on the property line - she choose to place hers 5 feet inside her property. Both of my neighbors on my right & left sides had their yards fenced in as well - so I only had to place my fence from the back corner of my house to each side neighbors fence - and they were fine with that - and we did NOT nail into their fences.

 

[154NH773]

Where she chose to place her fence is her business. You do not own the 5 feet, it is not your yard, and you must keep your dog off that property. If you choose to erect a fence, it must be on your property, or connect with other neighbors with their permission.
I believe the proper thing to do, is share with her in moving her fence to the property line if you wish to use it to enclose your dog.

 

[justalayman]

=pavteam;2686503]My dog is not on their property my dog is in my back yard. When I see my dog even going near the 5 ft of property that is on my side of the fence - I bring her in - always have. AND the fence is a 6 ft high stockade fence.

doesn't make any difference what the fence is made of. It is their property and you should simply keep you and your dog off their property.

After maintaining the 5ft of property for 13 years, who owns it?

they do and if you do not want to maintain the property, stop. In fact, I would suggest you do just that.

If she now wants to reclaim that 5 ft of property, why should I have to pay for a new fence?

reclaim? when did they abandon the property? When did they relinquish ownership. It is and always has been their property. What you might consider is installing your own fence on the property line and let the neighbor worry about their own property.

 

[JustAPal00]

Sounds like we're all in agreement.

 

[Kiawah]

Or just get an 'Invisible fence" for your dog. Bury a small thin wire about an inch underground around your perimeter, and you're all set. Dog stays on your own property, everyone keeps their own existing physical fences where they want, and you get your problem solved cheaply.

Lowes, HomeDepot, or hire someone to do it.

More than one way to skin a ..urrrhhhh..... cat.