T
tenere
Guest
Nevada
Have owned new home in new subdivision since Oct 2000. Put up wrought iron fence to enclose back yard before neighbors moved in. Asked fence company to put fence inside property line and have diagram that shows property pins outside fence line. When neighbors moved in, they built fence up to our side fence in two places. Didn't pay for half of that section, but we didn't ask them to, either. Later, they offered to install a gate between our two backyards (for social visits) away from their enclosed area. We agreed but did not award them any claim to the fence or even the gate, nor did they ask.
Dispute started with their dog getting her head caught in our yard between pickets of our fence. Our dog bit her on ear in excitement at her screaming. We paid half of vet bill and offered to discuss temporary and permanent solutions to keep their dog in their yard. Several days later, neighbors had new pickets welded into our fence to narrow openings without discussing with us. They told the fence contractor they had a cancelled check for half the cost of the fence section in question--not true. After two attempts on our part to resolve (we would have accepted a slightly different configuration to the new pickets, but they didn't want to pay for it), we consulted with attorney (not real estate attorney) to write several letters to get fence restored. Neighbors agreed to fix but at last minute, added provision that we release them from all liabilities and claims for ever. The settlement letter to that effect states they made alterations to the fence on our property. Since we intended to ask for attorney's fees incurred (over $1000 at that point), we said no. They responded by having a survey done--they say now that part of our fence is on the property line and part of it is inches into their property.
They have threatened us with suit for trespass if we have the fence sections on their property removed and replaced. Do they have a basis for this? Does their use without specific consent from us of our fence give them any rights to tell us what we can or can't do to the fence we had installed and paid for? Is it likely that a survey we have done will turn out differently than theirs? We believe we will have to take them to court to resolve this, but would like some thoughts and advice from anyone interested.
Thanks.
Have owned new home in new subdivision since Oct 2000. Put up wrought iron fence to enclose back yard before neighbors moved in. Asked fence company to put fence inside property line and have diagram that shows property pins outside fence line. When neighbors moved in, they built fence up to our side fence in two places. Didn't pay for half of that section, but we didn't ask them to, either. Later, they offered to install a gate between our two backyards (for social visits) away from their enclosed area. We agreed but did not award them any claim to the fence or even the gate, nor did they ask.
Dispute started with their dog getting her head caught in our yard between pickets of our fence. Our dog bit her on ear in excitement at her screaming. We paid half of vet bill and offered to discuss temporary and permanent solutions to keep their dog in their yard. Several days later, neighbors had new pickets welded into our fence to narrow openings without discussing with us. They told the fence contractor they had a cancelled check for half the cost of the fence section in question--not true. After two attempts on our part to resolve (we would have accepted a slightly different configuration to the new pickets, but they didn't want to pay for it), we consulted with attorney (not real estate attorney) to write several letters to get fence restored. Neighbors agreed to fix but at last minute, added provision that we release them from all liabilities and claims for ever. The settlement letter to that effect states they made alterations to the fence on our property. Since we intended to ask for attorney's fees incurred (over $1000 at that point), we said no. They responded by having a survey done--they say now that part of our fence is on the property line and part of it is inches into their property.
They have threatened us with suit for trespass if we have the fence sections on their property removed and replaced. Do they have a basis for this? Does their use without specific consent from us of our fence give them any rights to tell us what we can or can't do to the fence we had installed and paid for? Is it likely that a survey we have done will turn out differently than theirs? We believe we will have to take them to court to resolve this, but would like some thoughts and advice from anyone interested.
Thanks.