I am in Pennsylvania.
We had a back line survey done before we drew up plans to put in a fence. Found out that one of our neighbors had put a fence on what is now our property, 3-4' over our property line for about 20 feet. They told me this was discussed with the previous owners, as the fence was put on the top of a sloping hill. The previous owners all decided this would be safer, to prevent anyone from falling down the hill. The fence was built nine years ago.
No encroachment recorded for the title insurance company to pick up.
The easy answer is to have them take the fence down. Problem is, I lik the looks of the fence, and it's on the top of what could be a dangerous slide down hill. And only part of this section is on my property, part on the next door neighbor's property.
Ideally, I would like my section taken down, I build up the property with a retaining wall to stop the horrible erosion of my dirt into their yard, and then I fence in my own land. That is if these actions didn't make me the boob of the neighborhood.
We are checking into whether or not the town will even let us sell that little section to them. Let them worry about being liable for the erosion, even.
My lawyer told me the law in PA for possession is 21 years. Not sure if that started when the fence was built or when we took ownership of our property.
Short of tearing the fence down, is there any way to write up an agreement that we will allow the fence there, let them use the property, retain all rights to our property, with the option to take the fence down at any time?
I hired the lawyer on Labor Day. The fence in question was put in about 1.5 feet from my arbor vitae trees. Erosion on the other side of the fence was so severe that the dirt washed away from the tree roots, they were dying and ugly, I tore them down with intentions of replacing them with much prettier plants. WHILE tearing them down the neighbor comes out screaming that I'm out of control, how dare I do this to her property, change the view from her yard, adding to the erosion (roots are still in until replacements arrive), that I would hear from her lawyer. My lawyer was over in a half hour.
Yes, my lawyer advises I take the fence down. Or sell the property. Any FREE advice she may have forgotten? I don't think we need the property, I'd just like to have it NOT be mine and cloud my title in the future. Please help if you can.
We had a back line survey done before we drew up plans to put in a fence. Found out that one of our neighbors had put a fence on what is now our property, 3-4' over our property line for about 20 feet. They told me this was discussed with the previous owners, as the fence was put on the top of a sloping hill. The previous owners all decided this would be safer, to prevent anyone from falling down the hill. The fence was built nine years ago.
No encroachment recorded for the title insurance company to pick up.
The easy answer is to have them take the fence down. Problem is, I lik the looks of the fence, and it's on the top of what could be a dangerous slide down hill. And only part of this section is on my property, part on the next door neighbor's property.
Ideally, I would like my section taken down, I build up the property with a retaining wall to stop the horrible erosion of my dirt into their yard, and then I fence in my own land. That is if these actions didn't make me the boob of the neighborhood.
We are checking into whether or not the town will even let us sell that little section to them. Let them worry about being liable for the erosion, even.
My lawyer told me the law in PA for possession is 21 years. Not sure if that started when the fence was built or when we took ownership of our property.
Short of tearing the fence down, is there any way to write up an agreement that we will allow the fence there, let them use the property, retain all rights to our property, with the option to take the fence down at any time?
I hired the lawyer on Labor Day. The fence in question was put in about 1.5 feet from my arbor vitae trees. Erosion on the other side of the fence was so severe that the dirt washed away from the tree roots, they were dying and ugly, I tore them down with intentions of replacing them with much prettier plants. WHILE tearing them down the neighbor comes out screaming that I'm out of control, how dare I do this to her property, change the view from her yard, adding to the erosion (roots are still in until replacements arrive), that I would hear from her lawyer. My lawyer was over in a half hour.
Yes, my lawyer advises I take the fence down. Or sell the property. Any FREE advice she may have forgotten? I don't think we need the property, I'd just like to have it NOT be mine and cloud my title in the future. Please help if you can.