New construction behind my house puts fence inches from my house

[Clevername]

What is the name of your state?Washington

New construction behind my house. Owner says my fence which was 48" from my house was on his property. He says new fence will be 12" from my foundation. Does he have to leave access to my house? How do i dispute property lines? Is this considered a "Spite" fence? Please help as they have already tore down my fence.

 

[Zigner]

Is the fence still on their property?

 

[Clevername]

Is the fence still on their property?

No, they took it down and put a temporary fence up to build a retaining wall. They are building apartments.

 

[PayrollHRGuy]

No, they took it down and put a temporary fence up to build a retaining wall. They are building apartments.

That doesn't answer the question. Is the fence, as it is now in place, on their property?

 

[Clevername]

No. The old fence has been removed. They put up "temporary" chain link fencing up against my house.

 

[Clevername]

I will take pics and post them. I have a meeting with the contractor in 15 minutes to talk about the dispute, but he seems like he won't budge on the issue.

 

[Clevername]

I have looked at survey maps dating back to the 1950's and i think they are wrong. Do i have to get my own survey?

 

[PayrollHRGuy]

No. The old fence has been removed. They put up "temporary" chain link fencing up against my house.

Are you sure the new fence is on YOUR property?

 

[not2cleverRed]

No, they took it down and put a temporary fence up to build a retaining wall. They are building apartments.

Get a survey of your property done. Just because your neighbor says the property line is a foot from your house does not make it so.

They have vandalized your old fence, and are now trespassing with a temporary fence.

It is highly unlikely that any municipality would allow a house to be built less than a foot from the lot line.

 

[not2cleverRed]

I have looked at survey maps dating back to the 1950's and i think they are wrong. Do i have to get my own survey?

Yes. You need your own survey.

And if your survey shows the contractor's is incorrect, see about getting permanent survey markers. Also, in that case, demand that they contribute to replacing your fence.

Additionally, if that fence has been there for a long enough time (> 7 years), and your tax assessments were based on the fenced in boundary, then there's this little thing called adverse possession that might come into play.

Finally, if land in dispute has been used for more than 10 years as a way of getting into/out of your house (like, you had a path to the door on your side of the fence), then you may have claim to a prescriptive easement, even if it's their property.

How long has the house been there? 4' from a property line was acceptable in the 50's, but not in more recent decades.

 

[Clevername]

My house was built in 1901. The old fence has been there since a remodel in the 1990's. They are paying for the new fence. So if the old fence has been there longer than 7 years does that cover adverse possession? Or does it mean that if my property line was assumed to be that fence line it covers it? (As in the old fence before the one built in the 1990's)

 

[HRZ]

In the meantime, answer roughly how long has that fence of yours been there ? ANd how long has that been your passageway to your door . And how long have you owned property ..just in case " tacking" of time is an issue .

irrespective of supposed property lines , you might have a solid claim under adverse possession to the lands enclosed by prior fence...do not snooze on point

IF the apt developer has the lines wrong he may be looking at massive costs to meet required setbacks ..and even a stop work order until the dust settles....do not snooze on gathering your facts . (Easier to force work to stop than it is to get order to tear down side of structure in wrong place )

Less critical but still important , sort out if the retaining wall is too close to any relevant line .

Here is one issue...the survey lines and deeds might not even matter IF you have a ripe claim to that 4' to the fence under either adverse possession or prescriptive easement ...but it's up to you to advance any such claim .

 

[Clevername]

I think by best course of action is the adverse possession claim. The more i research it, it seams the best way to resolve this. Thank you all for your help and if you have other ideas i let me know.

 

[Just Blue]

I think by best course of action is the adverse possession claim. The more i research it, it seams the best way to resolve this. Thank you all for your help and if you have other ideas i let me know.

How long have you owned the house? Are you the one that put up the fence in the 90's?

 

[HRZ]

Sorry, I missed your answer above...it is likely that you have a very strong point as to adverse possession of that 4 feet even if paper line is different...plus that likely means the retaining wall and the building under construction must be set back properly from the new line created by adverse possession...and I strongly suggest you move that ball forward PRONTO. .

..We don't know how critical that 4' is to the builder but I suggest you play your poker hand tight to your chest ...one of my deals got hung up for a long long time over a few inches ...and time is money to a builder!