FENCE PROBLEMS

[[email protected]]

I BOUGHT A HOUSE 3 YEARS AGO THAT HAD AN EXISTING CHAIN LINK FENCE ON THE PROPERTY. i TOOK DOWN THE OLD FENCE AND PUT UP A 6 FT PRIVACY FENCE. OUR CITY LOTS ARE SMALL SO EVERYTHING JUST ABOUT IS ON PROPERTY LINE. PORTION OF NEW FENCE HAS BEEN UP FOR OVER A YEAR NOW AND NEIGHBOR IS COMPLAINING ABOUT THE NEW SECTIONS. IT CUTS OFF HER VIEW OF LOOKING DOWN THE STREET AND SHE IS DOING THIS IN SPITE. WE USE TO BE BEST FREINDS. SHE HAD A SURVEY DONE AND COME TO FIND OUT THE FENCE IS ON HER PROPERTY. LIKE I SAID THERE WAS AN EXISTING FENCE IN THE SAME SPOT THAT BELONGED TO ME AND I ASSUMED THAT WHEN I BOUGHT THE HOUSE THAT THIS LAND WAS MINE AND SHE NEVER SAID ANYTHING EITHER UNTIL AFTER WE STOPPED TALKING. IS THE ANY LIMITS OF TIME THAT A COMPLAINT HAD TO BE FILED OR ANYTHING. THE OLD FENCE HAD BEEN UP FOR OVER 20 YEARS AND SHE JUST BOUGHT THE HOUSE 2 YEARS AGO. SOMEONE PLEASE HELP ME WITH SOME ADVICE ON THIS MATTER. THANK YOU

 

[Tracey]

She has no "view easement" but can force you to move the fence. Send a letter, certified, return receipt. Inform her that you will be happy to move the fence so that it is inside your property line if she will point out the survey stakes so you know where the line is. Also say that you will pay her a licence fee if she will let you keep the fence where it is. However, point out that moving the fence will not increase her view. Ask her to inform you in writing if she wants the fence moved or wants a license fee (and how much she proposes to charge), and to do so before the stakes are removed. You should be willing to pay her the same amount of money it would cost to move the fence for her irrevocable permission to leave the fence there for as long as you own the house.

You probably can't acquire part of her land just because the fence has been there for 20 years. If you want, you can consult with a real estate attorney about adverse possession. It will be cheaper to move the fence, though.



------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.