PROPERTY LINES

[rr1942]

I have lived in my house for 40 years. The house was built in 1936. When I bought it, there is a 30 ft long block fence between properties at the backyard. It is connected to the back of my house and stops here. It does not go all the way parallel to my house. On this side of the house then, there is no fence. It has been open with plants and bushes on my side of the property and, just near it, on the neighbor's side is a walkway that leads to the house at the back near the alley.

Lately, this house next door was bought and the new owner turned it as a rental. This house is located at the back of the lot along the alley. So, the front of the house is a 60 ft open yard without any plants or fixtures.

The renters often use it as a baseball field and for party gatherings. And now this side of my house without any fence is vulnerable to any damage. To protect the house I plan to build a six foot fence, and so I got it surveyed. The surveyed property line is off 2 inches of the backyard block fence. A part of the block fence lies 2 inches on my neighbor's property according to the surveyed property line.

If I build this new fence inside my surveyed property line, it will be obvious that the backyard block fence straddles the property line with 2 inches on the neighbor's property. What to do? What is my recourse?

 

[LdiJ]

I have lived in my house for 40 years. The house was built in 1936. When I bought it, there is a 30 ft long block fence between properties at the backyard. It is connected to the back of my house and stops here. It does not go all the way parallel to my house. On this side of the house then, there is no fence. It has been open with plants and bushes on my side of the property and, just near it, on the neighbor's side is a walkway that leads to the house at the back near the alley.

Lately, this house next door was bought and the new owner turned it as a rental. This house is located at the back of the lot along the alley. So, the front of the house is a 60 ft open yard without any plants or fixtures.

The renters often use it as a baseball field and for party gatherings. And now this side of my house without any fence is vulnerable to any damage. To protect the house I plan to build a six foot fence, and so I got it surveyed. The surveyed property line is off 2 inches of the backyard block fence. A part of the block fence lies 2 inches on my neighbor's property according to the surveyed property line.

If I build this new fence inside my surveyed property line, it will be obvious that the backyard block fence straddles the property line with 2 inches on the neighbor's property. What to do? What is my recourse?

I think that you are creating a problem where none exists. A fence that straddles the property line is a common border fence. If I understand what you are describing it sounds more like a wall than a fence, but again, if it straddles the property line its a common border wall/fence.

If you do not want your new fence to be a common fence then you need to put it slightly off the border, onto your property, but you still should be able to attach or abut it to the wall.

 

[adjusterjack]

Well, this is not legal advice and you act on my comment at your own risk.

If it was me I would file that survey away and build the block fence to line up with the existing fence.

Having been a landlord with rental properties I doubt that the owner will pay much attention to what you are doing.

Other than that I agree with LdiJ's comments.