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Fence off by 2.5 inches- give me a break

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Texas_P1

Member
What is the name of your state? TX

Building a pool and getting a new fence, these houses are 4 years old. Pool contractor said according to our survey our fence was at least 12 inches off the property line. So I measured off the pin and marked the spot for the fence to start between the sides of our houses. Well, the neighbor saw that the fence was not being placed where it was before and he came out all upset. The fence is not shared it is just between his house and mine as his fence is on his house's otherside. I showed him my survey and we measured, it was within the boundry of the property line. He was not happy but told us to go ahead, if it was wrong he said "we would either move the fence or we would buy the land:" . So the fence people people dug the post and put up the retaining wall. It seems the wall is not straight and toward the back end is 2.5 inches across the property line. He kept insisting it was more like 8 inches. I had to pay for a surveyor to come and remark the pins and the surveyor says it show we are the 2.5 inches off. The surveyor, pool, and fence people all think this guy is nuts by demanding we move the fence for the 2.5 inches. Do we have any right to refuse? The neighbor states that he had land where someone encroached on his property and he had trouble selling the land. The surveyor said, yes, but this is residential lots and there is going to be some variance. Well just how much? Any help here.
 


BelizeBreeze

Senior Member
He may be crazy for demanding that you move the fence, but well within his legal rights to tell you to get YOUR property off of HIS property.

Move the fence and this time, put it ON your land.
 

Texas_P1

Member
not alot of solid help here guys, just much sarcasim! And the fence contractor has agreed to move the fence, off the portion that is over extended (8 feet and ending up the 2.5 inches off). But in doing the survey it is realized that my other nieghbor has his fence the same way (must be a fence thing, not measuring a straight line). So, do I go after him as well, he did his fence last year when he got a pool. Can't everyone get along and worry about playing with their own 2.5 inches in bed.
 

BelizeBreeze

Senior Member
BelizeBreeze said:
He may be crazy for demanding that you move the fence, but well within his legal rights to tell you to get YOUR property off of HIS property.

Move the fence and this time, put it ON your land.
Really? And what the hell was this? Now, take a wild guess why you received no further advice?
 

rmet4nzkx

Senior Member
Texas_P1 said:
not alot of solid help here guys, just much sarcasim! And the fence contractor has agreed to move the fence, off the portion that is over extended (8 feet and ending up the 2.5 inches off). But in doing the survey it is realized that my other nieghbor has his fence the same way (must be a fence thing, not measuring a straight line). So, do I go after him as well, he did his fence last year when he got a pool. Can't everyone get along and worry about playing with their own 2.5 inches in bed.
I told you to contact your contractor, now wasn't that simple?
 

Texas_P1

Member
BelizeBreeze said:
Really? And what the hell was this? Now, take a wild guess why you received no further advice?

Well, the advice I was looking for was maybe something about easment agreement. Can neighbors agree that you have some sort of agreement between your properties? Just want to know. Or the surveyor said that counties give some variance when it comes to issues just like this.
 

BelizeBreeze

Senior Member
Texas_P1 said:
Well, the advice I was looking for was maybe something about easment agreement. Can neighbors agree that you have some sort of agreement between your properties? Just want to know. Or the surveyor said that counties give some variance when it comes to issues just like this.
That is entirely up to the other landowner who, in your case, has already told you to move the fence. You cannot force them to comply with your wishes.

Just move the damn fence and be done with it.
 

HomeGuru

Senior Member
Texas_P1 said:
Well, the advice I was looking for was maybe something about easment agreement. Can neighbors agree that you have some sort of agreement between your properties? Just want to know. Or the surveyor said that counties give some variance when it comes to issues just like this.

**A: agreement between the neighbors is called an encroachment agreement.
 

Texas_P1

Member
HomeGuru said:
**A: agreement between the neighbors is called an encroachment agreement.

I mentioned this today to him but don't know much about the whole process. What is involved? He had said we could buy the land (basically 2.5' *110", even though it is only over the 2.5' at the end)He says he is not trying to be an A-hole, he just doesn't want anything to ever come in the way if he ever had to sell his home. He had the issue with acerage he sold before.
 

rmet4nzkx

Senior Member
Texas_P1 said:
I mentioned this today to him but don't know much about the whole process. What is involved? He had said we could buy the land (basically 2.5' *110", even though it is only over the 2.5' at the end)He says he is not trying to be an A-hole, he just doesn't want anything to ever come in the way if he ever had to sell his home. He had the issue with acerage he sold before.
In your title you say 2.5 inches,
other places you have 2.5' and 110" do you have the symbols for inches and feet confused? You don't want to have the records wrong or the amounts confused, be sure to spell things out in your agreements.
 

JETX

Senior Member
Texas_P1 said:
Well, the advice I was looking for was maybe something about easment agreement. Can neighbors agree that you have some sort of agreement between your properties? Just want to know. Or the surveyor said that counties give some variance when it comes to issues just like this.
Okay, since you still don't seem 'satisfied', lets cut to the chase and summarize this thread....

1) You have NO rights to place your fence on any property not your own.
2) Your neighbor has the same restrictions, his fence has to be on HIS property.
3) Of course, if the two of you can come to some type of agreement, easement, allowance, etc., that is great. Get it in writing. There is NO statutory requirement that you both agree on anything.
There, now do you feel better??
 

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