Fence Issue with Nieghbors

[slryno]

What is the name of your state? MI

Problem is neighbor put fence up 12 feet onto our property 2 years ago. We've had numerous discussions and letters sent to neighbor. We have our survey and the neighbor had a survey done and agrees that he's over on our property. The survey shows this clearly and I work for a survey company so I know how to read them.

We proposed to the neighbor to purchase the land from us, but he does not have the funds. On June 6, 2004 the neighbor gave us a letter stating that he will move the fence from our property to his own property and will have it completed by July 10, 2004. Here it is July 6, 2004 and nothing has occurred. Need to know what recourses we have at this point.

Our MAJOR problem is we were "trying" to sell our home and had it sold twice until they found out about the fence issue, then they backed out. Now we HAVE to sell and know this will be an issue again. We explained this to the neighbor and he apologized several times but nothing seems to happen.

I was told by our attorney (not a real estate attorney) to just take to local small claims court but want to know if this is the way to handle this situation.

Thank You!

 

[treefon]

Get your Sledge Hammer ready...

Send your neighbor a certified letter giving him at least 15 days to remove the fence or you will take it down for him. Then do it. I assume you have kept all items that prove he is in the wrong as well as his letter indicating that he acknowledges he is wrong and will remove the fence for you. If you need it down sooner, just go out with the sledge and take it down July 11. The letter is just to cover your butt.

Good Luck

 

[HomeGuru]

What is the name of your state? MI

Problem is neighbor put fence up 12 feet onto our property 2 years ago. We've had numerous discussions and letters sent to neighbor. We have our survey and the neighbor had a survey done and agrees that he's over on our property. The survey shows this clearly and I work for a survey company so I know how to read them.

We proposed to the neighbor to purchase the land from us, but he does not have the funds. On June 6, 2004 the neighbor gave us a letter stating that he will move the fence from our property to his own property and will have it completed by July 10, 2004. Here it is July 6, 2004 and nothing has occurred. Need to know what recourses we have at this point.

Our MAJOR problem is we were "trying" to sell our home and had it sold twice until they found out about the fence issue, then they backed out. Now we HAVE to sell and know this will be an issue again. We explained this to the neighbor and he apologized several times but nothing seems to happen.

I was told by our attorney (not a real estate attorney) to just take to local small claims court but want to know if this is the way to handle this situation.

Thank You!

**A: didn't your Realtor or attorney suggest an encroachment agreement as an option?

 

[slryno]

Fence Issue With Neighbor

State of MI...

HomeGuru...There is no realtor involved...we were selling by owner (friend is broker) and have had the home for 7 years (neighbors have been there 4 years) ...while away on vacation neighbors erected this fence and between discussions and certified letters they decided to move it back to their property. We were going to sell them the land but they don't have funds. Attorney didn't mention anything about encroachment, however, I do not know what that really means and involves. I do not want to give away appx. 1700 sq ft of our property either.

I can't go and knock down the fence since they have 2 Rottweilers tied up to the other side of that fence all day long and believe me, they scare the willies out of me. That would be a great threat.

Advice is greatly appreciated!

 

[HomeGuru]

State of MI...

HomeGuru...There is no realtor involved...we were selling by owner (friend is broker) and have had the home for 7 years (neighbors have been there 4 years) ...while away on vacation neighbors erected this fence and between discussions and certified letters they decided to move it back to their property. We were going to sell them the land but they don't have funds. Attorney didn't mention anything about encroachment, however, I do not know what that really means and involves. I do not want to give away appx. 1700 sq ft of our property either.

I can't go and knock down the fence since they have 2 Rottweilers tied up to the other side of that fence all day long and believe me, they scare the willies out of me. That would be a great threat.

Advice is greatly appreciated!

**A: Ok, but if you did know about encroachment agreements, you would know that you would not be "giving away" 1700 SF of your property.

 

[Happy Trails]

An alternative that may get the ball rolling.

Thank him for his cooperation on agreeing to move the fence. Then pick a date for a barbeque and a fence moving party.

 

[Peety]

A party ??? Woo Hoo !!!!

Invite a few rotwielers of your own to the party.

 

[HomeGuru]

Invite a few rotwielers of your own to the party.

**A: to be BBQ'd?

 

[slryno]

Fence Issue with Neighbors

State of MI

The fence is being moved as I type this...we're having a party!!

I wanted to thank everyone for all the advice...it's so greatly appreciated!!

Now back outside to monitor those contractors.

 

[HomeGuru]

Good for you.