Survey/Fence property question.

[sleddogn]

I've had over 7k worth of roof damage from a neighbors tree hanging over property line and my roof line. 2 major storms a few years apart had big limbs drop and do damage. I ended up paying half to take his tree down. Crazy annoying to have to spend due to neighbors tree.

 

[Zooberwerx]

I've had over 7k worth of roof damage from a neighbors tree hanging over property line and my roof line. 2 major storms a few years apart had big limbs drop and do damage. I ended up paying half to take his tree down. Crazy annoying to have to spend due to neighbors tree.

Surveillance is everything. I'd rather spend the bucks OOP and undertake whatever actions are required including trimming branches (...there's not a damn thing your neighbor can do about it provided it does not harm the balance of the tree). My neighbor's response was "well, we both have good insurance"....nay-nay, I say. Around here, if you file a homeowner's claim, they cancel your coverage immediately thereafter and good luck securing a new policy. Avoid petty claims like losing $600 worth of meat when the power went out for 3 days.

Riis

 

[MoireBass]

I was a surveyor (an instrument man) on the way to getting final degrees.

Property laws vary from state to state. In Texas, if it's on your land, it's yours to do what you want with it. Who built the fence is irrelevant. Who mowed the area is irrelevant. Your neighbor can have the section that's on his land torn down and you can then build a new section on your land that ties together the remaining parts. You can try to get adverse possession of that one foot strip (at least 7 years) but you'll probably lose.

 

[Captain Chaos]

Ok, I got survey back and fence is on my property. Don’t know how to proceed with neighbor.

 

[Zooberwerx]

Ok, I got survey back and fence is on my property. Don’t know how to proceed with neighbor.

If the fence is in a less-than-perfect state, watch (...and photograph) him tearing it down. With the survey in hand, file a suit and he'll have to build you...get this...a new fence!

...or you can be a nice guy and just give him a copy of the survey.

Riis

 

[blastoff99]

If the fence is in a less-than-perfect state, watch (...and photograph) him tearing it down. With the survey in hand, file a suit and he'll have to build you...get this...a new fence!

...or you can be a nice guy and just give him a copy of the survey.

Riis

While this would be fun, it might not result in the outcome you want. If you saw him tear down the fence, and even documented it, you might be asked in court why you didn't stop him, since you knew full well it was your fence.

Just saying.

 

[Zooberwerx]

While this would be fun, it might not result in the outcome you want. If you saw him tear down the fence, and even documented it, you might be asked in court why you didn't stop him, since you knew full well it was your fence.

Just saying.

The latter option would be my first choice. I would even forward the survey via registered mail just as you should an arborist's report.

Riis

 

[buldog5151bass]

I love how someone asks a legal question, and tons of people chime in with "I'm not a lawyer, and don't take this as legal advice, but"...

 

[sleddogn]

I'd wait for his next move, then give the results. Doesn't sound like he deserves much kindness imo....

 

[Salicete]

Fence set back from property line was the law in the brand new development where I grew up. My dad followed the law when installing our fence. Once our fence was done, our next door neighbor built his fence and connected it to ours, thus stealing some of our property. I recall my dad saying that the property stake had also mysteriously disappeared. So it was deliberate theft, but for whatever reasons my dad decided not to pursue further action.

In the decades I grew up in that community I don't recall any parallel fences, which would be the result if the fence law was enforced. So, my dad was essentially punished for being first in the neighborhood to put up a fence, and also for following the law when doing so.

Not sure this is helpful to the OP. Mainly sharing an anecdote.

I have a buddy who lost (in court no less) about 20 feet of beachfront property for essentially this same scenario under "Manifest Possession."

 

[RichterScale]

My neighbor wants to tear down the chain link fence that separates our properties, he says it belongs to him but the posts are inside my property and I want to keep it.

What’s the easiest way to tell if a fence belongs to me or the neighbor? I probably won’t be able to get a surveyor to come until next week to confirm that it sits in my property.

The laws/rules are different everywhere.
Typically, people post their fences with the posts on the inside and the pretty side facing out, but which side the posts are on is not an automatic rule for who installed/owns it.
And GIS or tax maps are just indications of property lines. They're just a graphic superimposed over a satellite pic. They can be off by quite a bit, so you can't go by that.
The only way to get an official determination of where the property lines are, is to have a survey done. With modern surveying equipment, it will be accurate within inches or less.
Also, how about an actual conversation with the neighbor? Ask if he'll wait for a survey, or possibly go halves on one, just so everyone has piece of mind and to avoid disagreements and bad blood moving forward.
Do either of you have a deed to your home that includes an official survey?
That would be the easiest way to figure it out without paying for a survey.
Also, you want the fence up. He wants it down. Did he say he's going to replace it with a nicer, newer fence?
A simple conversation and a few answered questions might make a huge difference in how it plays out.

 

[RichterScale]

Ok, I got survey back and fence is on my property. Don’t know how to proceed with neighbor.

sorry I didn't see that there were 2 more pages before I posted.
Okay, it's on your property and you don't want it down.
I'm still going back to:
have you talked to him?
How far onto your property is it? 2 feet? 2 inches? it is right on the line?
Does he just want to rip it down or is he planning to put up a nicer fence in its place?
I would talk to him before starting a war.
You might be getting a new/nicer fence at no cost to you.

 

[sleddogn]

I wonder what the neighbors posts on his favorite forum are like?

 

[Captain Chaos]

sorry I didn't see that there were 2 more pages before I posted.
Okay, it's on your property and you don't want it down.
I'm still going back to:
have you talked to him?
How far onto your property is it? 2 feet? 2 inches? it is right on the line?
Does he just want to rip it down or is he planning to put up a nicer fence in its place?
I would talk to him before starting a war.
You might be getting a new/nicer fence at no cost to you.

I talked to him Saturday and he said it’s not on their plans to tear it down. He was chill about it.
It’s a crooked fence, best way to explain is that it goes from my property line to a few ft inside my property.

 

[RichterScale]

I talked to him Saturday,...He was chill about it.

oh, cool.
so I'm guessing he's not tearing it down because now he knows it's on your property? I think you said earlier in the thread that his original plan was to take it down.
Do you know if he planned on putting up a new one?
I'm not trying to help, just being nosy at this point.

 

[MultiScaleMale]

I know this is Texas, but is there an HOA?

 

[Captain Chaos]

I know this is Texas, but is there an HOA?

This is Florida and no HOA.

oh, cool.
so I'm guessing he's not tearing it down because now he knows it's on your property? I think you said earlier in the thread that his original plan was to take it down.
Do you know if he planned on putting up a new one?
I'm not trying to help, just being nosy at this point.

He is planning on putting one along his property lines.

 

[Captain Chaos]

All in all I’m having a terrible start of my week.

I mentioned earlier that I have another neighbor and his tree killed my weatherhead. Inspector came in today and didn’t approve final inspection because he says it needs to be 3ft above the roof. I think this will end up costing more than what I bargained for.

 

[DJ Bebop]

In some cases, if a fence supposedly along a property line has been in place for say ten years or longer and nobody has questioned it, the fence becomes the new property line. Oregon has some law or statute about that. Well that's what I've been told by multiple Oregonians.

Also Portland Oregon has a city map, like Google that shows property lines online. Not the most accurate but enough to see where the general property lines lie between properties. Usually enough to see if there is a need to go get a surveyor involved.

 

[DJ Bebop]

Just here to say hi. Haven't seen you since grandad and Ruckus went on vacation.