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Nasty Neighbor

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NashvilleRider

Junior Member
What is the name of your state? North Carolina

I'm glad to see that I am not the only one who has to live beside an undesirable neighbor.

My problem started several years ago. First, we live on one acre lots which had at one time been farm land. Before we could purchase our lot we had to sign a covenent. One of the stipulations was no fences in the front yard, but my neighbor has a split rail fence. To my understanding it would have taken all/majority of the neighbors to force the issue. I just decided to let it go.

Eventually, he decided to install chain link from the rear of his property to the rear of the house. Everything was okay until I started seeing him mowing on my side of the fence with his riding mower. I inquired why he was doing this and he claimed that he had placed his fence 12 inches in from the property line and he was mowing his 12 inches. I pointed out that he had a 48 inch deck on his mower and was trespassing. Of course he and his wife got mad and he tried to sue me on a bogus charge which he lost in court.

Soon after he installed a privacy fence where the chain link ended and the split rail began, but placed it an additional 12 inches inside his property. Now if I don't cut my grass on as regular a basis as his he comes over and cuts it. He also places his weedeater on my side of the split rail fence, by a foot, and trims all the way down to the front.

He installed all the fencing himself and to my knowledge did not contract with a surveyor. All he used was string tied in a straight line. Also, he has never offered proof that he actually is 12 inches in from the property line.

Do I have any recourse? I don't like having someone dictate when I need to cut my grass, and certainly don't like having him in my yard. He has been difficult over the years and when I have tried to approach him he screams at me, threatens to whip my a**, and been sued once and taken before the town board once (he lost that one too). PLEASE HELP!!

Thanks for any and all help

Dan
 


justalayman

Senior Member
Well I would suggest whipping his ass the next time he threatens you but you do seem above that.

can you say "barbed wire" or even better "concertina wire". that stuff is nasty. just kidding but it would stop the weedwhacker.

Have you had a survey to assure yourself of the correct property line. If not, I would suggest it, especially for future claims.
Now he does have the right to cut his grass that may be on your side of the fence. After all, it is his grass. That is if I understood your post correctly he is cutting his grass. He does not have the right to trespass though. Send him a cease and desist letter telling him to stop the trespass. If he doesn't, call the cops. You can take him to court and get an order placed against him that would put him in contempt of court if he violates it. That could end up costing him money so maybe he will listen to the judge.

Now if he isn't trespassing, I don"t see much you can do.
 

PghREA

Senior Member
WOW, just look at all the posts on this forum about neighbors who plant things on the property line and never maintain them. Here, you have a neighbor who allegedly placed his fences inside his property line and is maintaining "your side" of the fence. I think you should be happy he is doing this but, then I would be happy if my neighbor cut all my grass.

Since the mower deck is larger than the strip of grass the neighbor has outside the fences, he is tresspassing. But, give him a break or else offer to cut the area yourself.
 

NashvilleRider

Junior Member
pghREA, thanks for the reply including the alledged sarcasm.:D

When he decided to retaliate against me because I would not allow him to continue using his riding mower on my side of the fence we went to mediation first. After much discussion, most of it with him, he agreed that he was being an a-hole about it, but still would not back down from the suit. He also agreed to stop trimming on my side of the fence. Since the mediators could notconvince him to drop the charges they asked him to leave and them advised me to hire an attorney. Back to court we went and he lost.

Now, my question has aIlways been: I understand why an owner would place his fence off the property line, but why would he care to maintain it if it's on his neighbors side of the fence??? I can't think of anything rational except to irritate the neighbor or to just prove he can.

This man can be violent. He hasn't so far. But in the last 12 years I've lived there, he has had three neighbors on the other side and only got along with one of them. The other two they sued each other on occasions.

So, now I know that I will have to just live with it, but cannot understand the rationalization of why

Take care,

Dan

Oh yeah, I got one other story of retaliation from this man if your interested.
 

justalayman

Senior Member
Here is the simplest solution and maybe the cheapest.

Make sure of where the lot line is.
Install a fence just onto your side of the line. Use a chain-link or some other type of fence that is closed (i.e. not split rail). This will leave a 1 foot strip of the neighbors property that he will need to trim but it will not affect your grass when he does it. It will also prevent him from using the lawnmower.

So, no trespassing and your grass gets cut by only you and when you want it to be.
 

greatnorthwest

Junior Member
Why he mows on your side

The reason he put the fence inside his property line making it difficult for him to maintain his property, makes me question where the real boundary is. He probably doesn't know and he was playing it safe. If he was a man of character I would believe him except this does not seem to be the case. So ......

You should pay the money for a survey. The reason he is maintaining this strip of grass is so 5 -10 years from now (whatever the law is in your state) you cannot attempt to adversly possess his property. Or he could be swindling you out of yours a foot at a time and adversly possess your property. You need to know where your property begins and ends.

If you find that the strip of grass is his, I would put up a fence on your property line so his strip of grass does not grow over the course of years.

Good Luck... I am the guy who put a fence on the inside of my property line and the neighbor now believes the property to be his.
 

NashvilleRider

Junior Member
Thanks To Everyone

I want to thank everyone for their responses. You have all been most helpful.

It's a real shame when you have a neighbor who goes out of his way to not get along with those beside him.

The fence idea is a great one, but have decided to try a different way, and is much less expensive. I have found some fast growing trees, which will gow up to 15ft in their first three years of growth. Spaced 4ft apart I won't even be able to see his house in three years!! At that point in time I won't even care if he wants to trim. :D :D

Thanks again.

Dan
 

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