Want to put fence on neighbor's property

[amm]

What is the name of your state? DC

We are putting up a fence along one side of our property. On that side is our driveway and garage. about 2.5 feet from driveway, our neighbor has a short brick wall. In between is a row of bushes. Our deed shows our property line running along our driveway and the wall of the garage (i.e., the 2.5 feet of land and bushes are on the neighbor's property). His deed shows the property line running right down the middle of the 2.5 feet of land. If we put our decorative metal fence down either of those potential property lines, it is going to look pretty silly.

We have thought about trying to buy the 2.5 foot strip from him or asking to buy an easement to put a fence on his property. Aesthetically it will be best for both properties. The big complication is that he is 94, has a friend with Power of attorney, and they will likely be selling the house in the next few years. Any thoughts about solutions? Does an easement for the fence make any sense? We don;t want new owners to come in and tear down our fence.

Thanks in advance!

 

[HomeGuru]

What is the name of your state? DC

We are putting up a fence along one side of our property. On that side is our driveway and garage. about 2.5 feet from driveway, our neighbor has a short brick wall. In between is a row of bushes. Our deed shows our property line running along our driveway and the wall of the garage (i.e., the 2.5 feet of land and bushes are on the neighbor's property). His deed shows the property line running right down the middle of the 2.5 feet of land. If we put our decorative metal fence down either of those potential property lines, it is going to look pretty silly.

We have thought about trying to buy the 2.5 foot strip from him or asking to buy an easement to put a fence on his property. Aesthetically it will be best for both properties. The big complication is that he is 94, has a friend with Power of attorney, and they will likely be selling the house in the next few years. Any thoughts about solutions? Does an easement for the fence make any sense? We don;t want new owners to come in and tear down our fence.

Thanks in advance!

**A: get a current survey and install the fence on your own property.

 

[seniorjudge]

**A: get a current survey and install the fence on your own property.

And make it a good fence.

Good fences make good neighbors.

Hey...I feel a poem coming on!

 

[Proejo]

What is the name of your state? DC

We are putting up a fence along one side of our property. On that side is our driveway and garage. about 2.5 feet from driveway, our neighbor has a short brick wall. In between is a row of bushes. Our deed shows our property line running along our driveway and the wall of the garage (i.e., the 2.5 feet of land and bushes are on the neighbor's property). His deed shows the property line running right down the middle of the 2.5 feet of land. If we put our decorative metal fence down either of those potential property lines, it is going to look pretty silly.

We have thought about trying to buy the 2.5 foot strip from him or asking to buy an easement to put a fence on his property. Aesthetically it will be best for both properties. The big complication is that he is 94, has a friend with Power of attorney, and they will likely be selling the house in the next few years. Any thoughts about solutions? Does an easement for the fence make any sense? We don;t want new owners to come in and tear down our fence.

Thanks in advance!

I think what you've just discovered is that legal advice is lacking in this forum and flippancy runs amuck.

If both parties see value in this, and you are willing to absorb the legal costs, then schedule a joint visit with a real estate attorney who can advise both of you how to protect the interests of each in an appropriate manner so that you can achieve your goal of putting up a fence that is beneficial to both properties. Good luck.

 

[Ozark_Sophist]

I think what you've just discovered is that legal advice is lacking in this forum and flippancy runs amuck.

If both parties see value in this, and you are willing to absorb the legal costs, then schedule a joint visit with a real estate attorney who can advise both of you how to protect the interests of each in an appropriate manner so that you can achieve your goal of putting up a fence that is beneficial to both properties. Good luck.

The first thing an attorney will want to do is do a survey to establish where the boundary is. If the sides agree to establish an easement or buy/sell a narrow strip of land, a legal description must also be established by survey. It's be silly to grant two feet along the west edge of neighbors lot to neighbor as an easement for a fence only to sell the neighbor's house, get a survey, and find out you needed to grant three feet.

 

[HomeGuru]

I think what you've just discovered is that legal advice is lacking in this forum and flippancy runs amuck.

If both parties see value in this, and you are willing to absorb the legal costs, then schedule a joint visit with a real estate attorney who can advise both of you how to protect the interests of each in an appropriate manner so that you can achieve your goal of putting up a fence that is beneficial to both properties. Good luck.

**A: please provide one instance in which my legal advice is lacking with respect to the OP's post and the applicable real property statutes in DC.

 

[seniorjudge]

**A: please provide one instance in which my legal advice is lacking with respect to the OP's post and the applicable real property statutes in DC.

And while you are at it, Proejo, point out any inaccuracy(ies) in my answer.

 

[LindaP777]

You can have a little fun while being helpful . . . I think we give good advice to the vast majority who come truly seeking answers. A few we give grief.

 

[HomeGuru]

You can have a little fun while being helpful . . . I think we give good advice to the vast majority who come truly seeking answers. A few we give grief.

**A: and it's good grief I might add.

 

[seniorjudge]

**A: and it's good grief I might add.

Thank you, Charlie Brown.

 

[HomeGuru]

Thank you, Charlie Brown.

**A: I guess it's too early to ask if anyone bought a Charlie Brown tree.