What is the name of your state? Illinois
My neighbor put a fence up 9 years ago. I view that fence as the property line between our properties. This year my husband decided he wanted to put a pond in the rear of our lot along the property line. He went on our village web site to see if a permit was needed and what regulation was involved. He did not find any information on a permit needed nor any regulation on the pond. He proceeded to build the pond. It took him a good 3 weeks to build. In the mean time our neighbors were remodeling their house and were having workers there everyday including village representatives. No one ever came over to look at or question the pond being built. After the pond was complete (about 1 month) later I received a call from the village explaining that they needed to come out to view the pond. They said that our neighbors were concerned that they could not put up a new fence because of the pond. The pond was built 6 to 8 inches away from the existing fence and is free standing. No portion of the pond is touching their fence. The actual hole in the ground is 3 1/2 feet from the fence and stream runs along the fence line 6 to 8 inches away. The stream is about 2 ft higher than the ground and was built with stones and covered in dirt to attain that height. So if the fence is moved the stream should remain stationary. It does not rely on the fence for any structure. These are the questions:
1. My neighbor claims that when she put the fence in, she put it 6 to 12 inches in on her property. And that our pond needs to be moved an additional 6 inches away from her property line. We would of had no problem doing that initionally had we known the fence was 6 to 12 inches off the property line. I have maintained her 6 to 12 inches on my side of the fence for many years by cutting and weeding and did not realize that it was not mine. To move this stream would be a ton of work. Can she make me do this? I do not want to take her land, I do feel that when she put the fence up she made that line dividing our properties herself. If I had known ahead of time I would of made the stream further away from her fence.
2. The village has still not given me any answers on the location of the pond. As to date there is no ordinace about ponds, the guy down at the village has said that it might fall under impervious surface coverage. (I don't quite understand that since it retains water and run off) And or that the stream is considered a structure and structures need to be 3 feet from lot line. Is the stream a structure? If the village would of told me the rules we could of followed them It appears that rules are being made after the fact. Can this be done?
Today my neighbor had a surveyor out surveying her property. It appears that the fence at the rear end of the lot is 12 inches away,(because I can see the orange X) but I am not sure it the fence was put in straight. The pond is a good 40 feet away from the rear end of the lot. Also if the surveyor is correct than her fence on the other side (the neighbor to the north) is on their property by about 6 to 8 inches. So she is on his property, I no not intentionally.
I am very frustrated because this could of been avoided if the neighbor would of just talked to us as we were building the pond. Has created much bad blood between us. Hope you can give me some guidence in how to handle this situation.
My neighbor put a fence up 9 years ago. I view that fence as the property line between our properties. This year my husband decided he wanted to put a pond in the rear of our lot along the property line. He went on our village web site to see if a permit was needed and what regulation was involved. He did not find any information on a permit needed nor any regulation on the pond. He proceeded to build the pond. It took him a good 3 weeks to build. In the mean time our neighbors were remodeling their house and were having workers there everyday including village representatives. No one ever came over to look at or question the pond being built. After the pond was complete (about 1 month) later I received a call from the village explaining that they needed to come out to view the pond. They said that our neighbors were concerned that they could not put up a new fence because of the pond. The pond was built 6 to 8 inches away from the existing fence and is free standing. No portion of the pond is touching their fence. The actual hole in the ground is 3 1/2 feet from the fence and stream runs along the fence line 6 to 8 inches away. The stream is about 2 ft higher than the ground and was built with stones and covered in dirt to attain that height. So if the fence is moved the stream should remain stationary. It does not rely on the fence for any structure. These are the questions:
1. My neighbor claims that when she put the fence in, she put it 6 to 12 inches in on her property. And that our pond needs to be moved an additional 6 inches away from her property line. We would of had no problem doing that initionally had we known the fence was 6 to 12 inches off the property line. I have maintained her 6 to 12 inches on my side of the fence for many years by cutting and weeding and did not realize that it was not mine. To move this stream would be a ton of work. Can she make me do this? I do not want to take her land, I do feel that when she put the fence up she made that line dividing our properties herself. If I had known ahead of time I would of made the stream further away from her fence.
2. The village has still not given me any answers on the location of the pond. As to date there is no ordinace about ponds, the guy down at the village has said that it might fall under impervious surface coverage. (I don't quite understand that since it retains water and run off) And or that the stream is considered a structure and structures need to be 3 feet from lot line. Is the stream a structure? If the village would of told me the rules we could of followed them It appears that rules are being made after the fact. Can this be done?
Today my neighbor had a surveyor out surveying her property. It appears that the fence at the rear end of the lot is 12 inches away,(because I can see the orange X) but I am not sure it the fence was put in straight. The pond is a good 40 feet away from the rear end of the lot. Also if the surveyor is correct than her fence on the other side (the neighbor to the north) is on their property by about 6 to 8 inches. So she is on his property, I no not intentionally.
I am very frustrated because this could of been avoided if the neighbor would of just talked to us as we were building the pond. Has created much bad blood between us. Hope you can give me some guidence in how to handle this situation.