Find a lawyer that needs a fast $100 to cover a bar tab, let him send a simple letter for you, that will get the neighbors attention.........fast. Just be damn sure you didn't take "his" fence down and leave "his" post standing, you may then be the one in trouble.
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Fence
- Thread starter MaconGuns
- Start date
My Dad and I put up the fence when I first moved in. Over time the fence has aged not well and I no longer needed it since my dog died.
Rather than have an eye sore or invest money to repair it I took it down. All of the neighbors had attached to the original fence except one.
I informed all neighbors I was removing the fence and they installed the sections I took down. I left the posts in the back yard because I decided I might use them for a grapevine or bird feeders. One day the back yard neighbor attaches a fence to my posts. The posts are a good bit over my property line so it doesn't matter what side the fence is attached to it is still over the property line by about 8-10 inches at least.
Personally I like having the fence but, I have been told by a few people that it isn't a good idea for me to let him keep the fence up over the property line.
Also I find it rather asinine that he would not ask for my permission to build on my land and actively nail boards to something that isn't his.
I would rather avoid court since I'd have to pay fees to file a complaint and I shouldn't have to pay for something that is obviously his incompetence or maybe he just doesn't give a flip. I can visibly find one of the original steel markers to show that the fence in on my property.
In 1990 I put up a chain link fence around the perimeter of my back yard and terminating at the house. On one side bordering a neighbor, I set the fence 6 inches inside my property (110 ft. length) so I would have a Round-up kill zone on either side of the fence wire without killing the neighbor's immaculate grass. My neighbor's house has changed hands 5 times and each new owner is made aware that the fence is 6 inches inside my property from the property line. One time, I had to run a string between the boundary posts to show a persistent neighbor where the property line fell. Had one request to tie on to my fence but that was denied. If I had to do it over, I would place the fence right beside the property line. I did consider a do-over but the price tag wasn't worth it.
It's time to pay him a visit. I mean that in the nice neighbour way. Ask him to remove the fence boards. If that's a no go, then go the legal route. Since its on your property check with your county of intent to inform someone that something is on your land and what you need to do for removal. Certified letter to him if a talk fails. You should be able to do this with minimal legal cost if any. Someone at your county office should be able to point you in the right direction.
If you like the fence, a certified letter granting him permission to use your land will keep your property lines and no further contact will be needed. Just keep copies of letter and signed receipt.
I would go over and talk to the guy face to face. Hopefully it is just a misunderstanding. Who knows, he may have been thinking that you couldn't afford a fence etc and was trying to do a good neighborly deed. I would get his take on it before taking any legal action. Hopefully, you two can come to an agreement of sorts. If he is a prick, go the legal route.
You could offer to help your neighbor remove the boards and erect a new fence on his property. A little beer, some grub and some old fashioned hard work may make you guys the best of friends!
Yeah asinine is an understatement for this dude.
Bottom line is its your property so whatever route you choose law dog will be on your side.
