Real Estate / Fence Issue

[Plackers]

What is the name of your state? New York:
My neighbor installed 62 feet of stockade fence along our property line which has is 90% angled of 6 feet onto my property with a post butted against my home.

QUESTION: Does the 6 feet of fence that was installed on my property belong to my property or does it belong to the neighbor who paid for it? And who is responsible for maintenance?

 

[quincy]

What is the name of your state? New York:
My neighbor installed 62 feet of stockade fence along our property line which has is 90% angled of 6 feet onto my property with a post butted against my home.

QUESTION: Does the 6 feet of fence that was installed on my property belong to my property or does it belong to the neighbor who paid for it? And who is responsible for maintenance?

How long ago was the fence installed? Was the fence installed before or after you purchased your property?

The poll you created makes no sense.

 

[FarmerJ]

do you have a actual boundary survey that shows where the lot line is ?

 

[Plackers]

Fence installed after purchase and "current" property survey line is straight from rear yard to street. My 6 feet of chain link fence was removed and replaced with the stockade. Could send message w/out filling in pole. Had no clue what pole meant, so I typed in anything.

 

[adjusterjack]

What's your goal here? Do you want money? Do you want the fence relocated? How much money are you prepared to spend on litigation if it comes to that? Thousands would be my guess.

Is it a decent looking fence? Probably looks better than your old chain link fence so why not just let it be instead of picking a fight?

 

[quincy]

Fence installed after purchase and "current" property survey line is straight from rear yard to street. My 6 feet of chain link fence was removed and replaced with the stockade. Could send message w/out filling in pole. Had no clue what pole meant, so I typed in anything.

Where were you when your chain link fence was being removed and replaced with the neighbor’s stockade fence?

 

[not2cleverRed]

Fence installed after purchase and "current" property survey line is straight from rear yard to street. My 6 feet of chain link fence was removed and replaced with the stockade. Could send message w/out filling in pole. Had no clue what pole meant, so I typed in anything.

And when was this?

I second quincy's question about "your" chain link fence. Was the chain link fence a mutual fence or exclusively yours? What does your local municipal code say about fencing?

 

[LdiJ]

What is the name of your state? New York:
My neighbor installed 62 feet of stockade fence along our property line which has is 90% angled of 6 feet onto my property with a post butted against my home.

QUESTION: Does the 6 feet of fence that was installed on my property belong to my property or does it belong to the neighbor who paid for it? And who is responsible for maintenance?

I am having trouble picturing what you are describing. Do you think that you could reword that?

 

[Plackers]

Many, many thanks for all your replies. I greatly appreciate it. The entire chain link was mine that ran the full length of yard (on our property line) with an (L shape/6 foot section) 90% angle that butted onto my property up to the exterior rear wall of my home. Instead of ending the straight section of stockade fence on our property line that ran the full length of both yards he turned that corner going onto my property [the 90% angle (L shape/6 feet)] and removed the my remaining chain link and continued with his stockade fence. The neighbor & I discussed the replacement fence and I gave permission however it never occurred to me at the time it would include removal & replacement of the L shape/6 foot section of chain link on my property. Had lot’s on my mind back then caring for sister who’s receiving chemo treatments almost every day and couldn’t be present. Prior to consulting with neighbor & local municipal I want professional insight because you ask the questions I’d never think of. It’s an awesome fence, however my grape vine no longer gets the sun it needs to produce, which he promised to leave a section of chain link but didn’t. Not attempting to argue, have no goal, don’t want money or relocation. Again my simple question is: Does the 6 foot stockade fence section installed on my property belong to my property or does it belong to the neighbor who paid for it? And who is responsible for maintenance?

 

[adjusterjack]

The neighbor & I discussed the replacement fence and I gave permission

OK. Would have been nice to know that up front.

Does the 6 foot stockade fence section installed on my property belong to my property

Yes. it was a gift to you.

who is responsible for maintenance?

Of that 6' section - you.

my grape vine no longer gets the sun it needs to produce, which he promised to leave a section of chain link but didn’t.

Maybe he had a lot on his mind, too, and forgot.

Do you want that 6' section replaced with chain link or do you want to let it go and move your grapes. Obviously an issue since you brought it up.

 

[quincy]

Many, many thanks for all your replies. I greatly appreciate it. The entire chain link was mine that ran the full length of yard (on our property line) with an (L shape/6 foot section) 90% angle that butted onto my property up to the exterior rear wall of my home. Instead of ending the straight section of stockade fence on our property line that ran the full length of both yards he turned that corner going onto my property [the 90% angle (L shape/6 feet)] and removed the my remaining chain link and continued with his stockade fence. The neighbor & I discussed the replacement fence and I gave permission however it never occurred to me at the time it would include removal & replacement of the L shape/6 foot section of chain link on my property. Had lot’s on my mind back then caring for sister who’s receiving chemo treatments almost every day and couldn’t be present. Prior to consulting with neighbor & local municipal I want professional insight because you ask the questions I’d never think of. It’s an awesome fence, however my grape vine no longer gets the sun it needs to produce, which he promised to leave a section of chain link but didn’t. Not attempting to argue, have no goal, don’t want money or relocation. Again my simple question is: Does the 6 foot stockade fence section installed on my property belong to my property or does it belong to the neighbor who paid for it? And who is responsible for maintenance?

So ... you do not necessarily care that the fence was installed on your property or that your neighbor removed your chain link fence to install it or that you have been cheated out of usable property because a chunk of your property now sits on the neighbor’s side of the fence?

I would say you could treat the fence like a Californian “party fence.” You each own your side of the fence and you each take care of the side of the fence facing your property. Talk to your neighbor about getting this in writing.

I personally think you might want to have your neighbor move the fence now, to the property line, to prevent any future land dispute. One could easily arise if either of you decide to sell your property.

Good luck.

 

[Plackers]

Many thanks y'all....

 

[quincy]

Many thanks y'all....

We all appreciate the thanks, Plackers, so thank you.

You apparently have a decent relationship with your neighbor which is fortunate. This will allow for a civil discussion on how to handle the fence that separates your lots and, in places, encroaches on your land. You should solidify any agreement in writing, signed and dated by both of you.

Good luck.