Property Line Dispute over ugly fence
my neighbor put up a fence after giving me 1 day notice. told me that it
will be on his property and he will pay for the whole thing.after the
fence was complete, 1. he had crushed my sprinker pipes at every
point where he dug holes to pour concrete for the posts 2. the fence
is too tall for my taste (4ft) 3. not to city code 4. the
concrete is on my property by 4 inches 5. the fence is right on the perceived property line It would be ok if the fence was more to my liking, it is more utilitarian than decorative and it is in our front yard.l asked him to change it to conform to code and to make it more decorative but he said 'no', and when l mentioned that his concrete was on my side of the yard, he said my sprinkers were on his land and accused me of encroachment.l do not want a fence, if there must be a fence, l want it to me more decorative.Is there anything l can do?Can l at least make him move the concrete off of my yard and conform to code? the property in question is in california.l was initially ok w/ the concrete in my yard because he fixed the sprinkler but the fact that he accused me of encroachment really steamed me.Also, l do not want him thinking that my land is his.
Ok.. here are the basics..I practice in California so it is
pretty applicable but generic.
1) Its his fence. Its on his property & he owns the fence & the land on
ur side of it up to the boundary line.
2) City or County ordinances may be involved, but a 4 foot fence does not sound like something that violates most of the ones that I have dealt with - especially if it is a side yard fence. Frontage fences are a different matter . Your best source for this information & to file any complaint is with the appropriate agency. If the crushed sprinkler pipes were on ur side of the boundary then he is responsible to repair them. If they are on HIS side of the boundary line, then they are his.. he can cap them but is not obligated to repair them. Encroaching concrete: You can demand & enforce its removal. You may have to take it to court, but if you are correct about the encroachment, it is a form of trespass. As a BTW.. you need to correct it or come up with an agreement because if you leave it there unchallanged for a while, he will acquire the right to keep it there later. 'Perceived Property line'' what does that mean.. you THINK it is the boundary. There are two types of boundary lines in play here. a) The real boundary line. where the boundary is as per the deed b) A boundary line by agreement where both parties agree the boundary line should be. This will not change the actual boundary, you must comply with state law to change that, but it will imply easments across the involved land to allow you to use & enjoy the agreed boundary line. It also allows for a future shift of the property line via a 'Lot Line Adjustment' if the fence is RIGHT ON the real boundary line, you own 50%. but if you dont know where that line is, you, in essence, do not know WHAT you own. .
End the debate over the property line
Have the lot surveyed by a Professional Land Surveyor.
Then you will have proof of exactly where the lot line is.
If the sprinklers are on his property tough luck, But If they are on ur
property you should be reimbursed for the repair.
The Fence is too tall for ur taste ? Too bad it is his fence. The Fence is not to city code. Report it to the city. Bottom line: You have no say over his fence as long as he is within his rights. You can make him conform to code. You may not be able to make him move the concrete if ur local codes allow the fence to sit directly on the property line. The pole needs to be supported & if the fence is on the line you will have a little concrete on ur side.
He has no right to put anything on ur property even 4''. You
should call the city about the fence height if it is not to code he will
have to change that. You may have to have a survey to prove that he is on
ur property. You will have to notify him by certified mail if it is on ur
property & give him noticed that at a stated date he should have the
concrete moved or you will move it yourself. You can only move the
concrete though. I would also let him know that if you move the concrete that ur not responsible for any damage done to the fence while removing the concrete.
You can contact the city & file a complaint. If it is in fact
not to city code, chances are they will take action for you. That is also
the only thing that you may have going for ur as far as the appearance of
the fence. If it is up to code, the fact that you don't like it isn't
grounds for him to take it down or change it.
As far as the claims that the sprinkler pipes were on his yard & that the concrete is on yours, the only real way to settle that dispute is to have a surveyor come out.
1st I have no clue where this is happening. Generally in the
USA, in a rural area, you are responsible for the half of the property
line fence to ur right. In urban areas, most officials instruct you to
build ur fence 4-6 inches off the property line on ur side. If you can
prove ur sprinklers are within ur property lines, I believe you can force
him to fix the sprinklers. As for zoning, the deed is done, the burden of
proof is now on the city to make them show why the fence should be removed. But if you can show the fence is on ur side of the line, I believe you can tear it down the portion on ur property but I would consult with ur local police before proceeding. If you get no relief from zoning or it being on ur side of the fence, build ur own pretty fence. Good luck
Call your town is building inspector. He will be able to tell
you what the code is, the height requirements, surveying, etc. If the
fence is on part of your property, in 7 years, there could be imminent
domain. If you don't like the fence, put one up in front of it so you
don't have to look at it.
You can have the local builiding inspector inspect the fence.
If it is not to code, he can issue a citation. I don't know if there is
anything you can do about the type of fence or the 4 inches of concrete.
If its not to city code, then report him to the city, and they
can enforce the code. They will fine him everyday until its fixed.
As far as the sprinklers and the 4 inches of concrete, that is a little
petty to me, but I can understand it.
If the city won't do anything, then what you can do is put up a fence more to your liking.
What a neighbor you are
Put up your own fence, as decorative as you like
4ft is too high?? anything less and it would be a tripping hazard
A good neighbor would compromise
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