Property line issues

[kjrkjr]

What is the name of your state? Washington
My neighbors put a (wood and wire) fence up to keep their kids from falling off the steep slope in their back yard. It forms a T with the property line in my back yard and extends approximately 1-2 feet over the property line to meet with the cement wall in our back yard. I am very friendly with these neighbors and didn't think much about this at first. A friend noticed the fence and said it was a big problem to leave it there for 2 reasons. 1. They could eventually claim rights to that 1-2 feet of property 2. Since I am planning to sell my house soon, it could be a problem to the new owners and interfere with the sale of the house. In addition the neighbors offered to plant a hedge on my side of the property line. My friend also said that I should not allow this as allowing neighbors to plant on my property could eventually result in their having a right to claim the property. I did talk to the neighbor and he somewhat agreed to move the fence, pointing out that there would then be a gap putting his children at risk for injury. I certainly do not want anything to happing to the children. He offered to add another piece of fence on my side of the property to fill the gap. My concern is that creates the same issue as the existing fence. What should I do?

 

[FlyingRon]

I think your friend is full of it. It would be one thing if they fenced your property within their property, it might be argued over time that there was adverse possession. If the kids enter on your property and fall over the slope, you could indeed be liable.

The solution to possible adverse possession problems is to give permissive use. It's a bit hazy just what the property line/fence issues are, so I would suggest you run this whole thing by a local real estate lawyer. He will be able to write a letter on your behalf to the neighbor, granting permissive use and staving off future claims.

 

[HRZ]

BE careful to use counsel to get it right ....a mere unilateral granting of permission for some existing intrusion does not necessarily stop the time clock ...

 

[kjrkjr]

Thanks. It sounds like I should get legal advice on the fence and not write up an agreement on my own. The neighbors also want to plant a hedge on my side of the property line and set up an irrigation system for the hedge. Should I ask them not to do that?

 

[justalayman]

Let them plant a hedge on their side of the line. Why should you give up land for a hedge they want?

 

[HRZ]

Let's back up....why even consider granting them permission for a hedge on your lands..as above...they can put a hedge on thier lands ...why invite any future issues . And if thier fence is on your property..consider a firm please remove it or else...and do the or else if that's what it takes.

You need not rush be a hard nut...adverse possession takes 10 years in WA but I would NOT snooze on the points even close to 10 years.

 

[kjrkjr]

Ok thanks everyone. I am so in favor of good relations with neighbors, I would have probably let this go. But we are talking about very high priced small lots in a desirable part of Seattle and I don't want any issues when I want to sell this place in the near future.