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Putting in a block wall, neighbor won't pay anything, but will utilize my wall

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dmprisk

Junior Member
Hi, I'm putting up a block wall. I asked the neighbor lady if she would go in half. She said she would pay nothing. But she is planning on putting in a wrought Iron gate as a kick off of my wall.
I remember seeing a People's court years ago when Judge Wapner was on, and the guy put up a block wall and the neighbor wouldn't pay a dime towards the wall, but when this non paying neighbor utilized the block wall by putting up an attachment or kick off to the wall with a gate, Judge Wapner, said that since he "utilized the block wall" by putting up a permanent kick off from the wall that neighbor had to now pay half of the cost of that portion of the wall he utilized.
Does anyone know if this is true? And what statue or code would I look up. I would gladly take this non-paying neighbor to small claims court as soon as she utilizes my block wall.
 


ralph31

Member
What is the exact location of the blockwall?

Is the blockwall on the property line, or within your property line and ifso, how far?

If the other side of the blockwall is four inches within your property line, I bring up the question: Would your neighbor be trespassing four inches onto your property and would this give you the right to lop off that portion of his fence that extends over, or onto your property?
 

Shel77

Member
If the block wall is even a few inches over the line on your side of course you can refuse to allow the gate or anything for that matter to be attached.
 

ralph31

Member
Quote
"If the block wall is even a few inches over the line on your side of course you can refuse to allow the gate or anything for that matter to be attached."

The end post of a wrought iron fence might be strong enough to be placed onto, or over, your property, but not attached to the block wall. Just let her know that you have every intention of removing anything she places onto, or over, your property. Maybe, a certified notice with a return receipt attached, or a nasty message from one of those "bulldog" lawyers, which are in abundance that clearly puts her on notice.

If you have lots space, you might tell the neighbor that you intend to place
your block wall approximately fourteen inches within your property line and that she is not to trespass onto your property. This would leave a gap in her wrought iron gate that would allow a lapse in her security as dogs and humans could walk right through that gap. No doubt, this would kick off a prolonged fight that might not be worth your the effort as she might feel you were trying to force her to pay for part of a fence that she clearly doesn't want to do. Then to, she might try to, in time, play the adverse possession game with the inches of property outside of your block wall
 

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