Boundaries between neighbors

[Ladybug1234]

What is the name of your state? Kansas
We bought a house in a small town. The neighbor to the North wants to build a fence 17" from the North side of our house from the back yard to the front sidewalk. She insist that the property lines run underneath our house. We are ordering a survey so the boundaries can be clarified. If the woman is correct how close can she build a fence to our house? The the exterior wall? Does there need to be fire access to the side of the house? How can I clean or even maintain the exterior of my house with a fence next to the house? The house was built in the 1920s and so was the neighbor's house. Really could use some advice. I know we can not be the first people too have to deal with this. Thank you.

 

[FlyingRon]

Alas, we can't tell but "being able to clean the outside of your house" likely doesn't rise to an easement of necessity.
You should wait until you get the survey. If it looks like the property line is uncomfortably close, you 'll need to speak to a local land use attorney. We don't know what sort of ordinances and other restrictions may be available to you.

 

[Ladybug1234]

Thank you so much, you have confirmed that I am on the right track in getting an official survey first. Thank you Mr. FlyingRon

 

[not2cleverRed]

I am glad that you are getting a survey done.

I am trying to picture what you described, and it sounds like she is saying that part of your house is on her property. Am I understanding this correctly?

The houses were built over 90 years ago. It seems unlikely that no one noticed that one house was straddling the property line up until your very astute neighbor. When you purchased the house, what was represented to you as being the property line?

If you have a mortgage, I am surprised that the boundary issue was not noticed in a title search.

Anyway, regardless of where the actual boundary line is...
1) Check your town's code and see if it addresses fencing.
2) Fire access can be achieved with a gate. There are people who fence in their entire back yards, after all.
3) It would seem difficult to maintain the exterior of the house on that side...

 

[welkin]

What is the name of your state? Kansas
We bought a house in a small town. The neighbor to the North wants to build a fence 17" from the North side of our house from the back yard to the front sidewalk. She insist that the property lines run underneath our house. We are ordering a survey so the boundaries can be clarified. If the woman is correct how close can she build a fence to our house? The the exterior wall? Does there need to be fire access to the side of the house? How can I clean or even maintain the exterior of my house with a fence next to the house? The house was built in the 1920s and so was the neighbor's house. Really could use some advice. I know we can not be the first people too have to deal with this. Thank you.

If in fact, the property line were to be under your house and your neighbor or their predecessors never made a claim of title (a quiet title lawsuit) in a hundred years, you would have a claim for adverse possession of the land. And not for just the land under the house but also for the land that was used and maintained by your predecessors as their own on the side yard. The statutory period in Kansas is only 15 years.

60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act.

You would need to consult with an attorney that practices in real estate law should you find that the survey indicates a boundary line not favorable to your believe.

 

[FarmerJ]

It would not hurt for you to call your city to learn if it has set back rules for adjacent property owners who want to install fencing.

 

[welkin]

It would not hurt for you to call your city to learn if it has set back rules for adjacent property owners who want to install fencing.

What setback are you speaking of? A setback is measured from the property lines. First, it has to be established where that property line is.