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WWCRD: Neighbor Fencing Issue


Fiji ST

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Seeing as how there's been some good advice given on here, thought I would take my turn and ask.

 

We had a fence installed around our backyard 3 years ago. We pushed it as far out as possible (have a corner lot), but pulled it back about 6 inches or so from our actual property line on the back and the side facing our neighbors to the side. We didn't want an issue with the neighbors (rear neighbors did the same thing) as well as allow the utility company access to the boxes in the back corner (not on my property, but it gave them access to it from the main road).

 

Fast forward to last month, when the neighbor to our side asked if they could tie into our fence and use our one side when they install their fencing. We declined as they would be encroaching on our property, tying off a portion of it, as well as we had anchoring issues from wind that caused the fence to lean, and we didn't want their fencing to create another issue.

 

So coming home from being on vacation for a week late last night, my wife noticed they finally had their fence installed. She immediately noticed that it was tied into our fence. Turns out that they not only drilled and mounted their gate on my gate post, but are using the entire side of our fence as well as attached additional fencing at the end of ours to block off that pathway my rear neighbor and I had left. He also used the fencing to the house being ours as well as their neighbors on the other side. Rough Google Map indicating where they installed the fencing.

 

http://i237.photobucket.com/albums/ff66/naborgia/Fence.jpg

 

I'm beyond pissed. So is my wife. I guess after this long post, I just need some rational ideas of how to handle this. They're not home this weekend, but I thought about simply going out there and knocking their shit down, but I know that won't help. We have reached out to the HOA to make sure they actually had approval to do this install. Plus, the by-laws state that "Fences are restricted to inside the owner’s property line and easement area, and must meet the setback requirements according to the Columbus City Code."

 

I don't feel like I'm overreacting, but I'm not trying to have drama/animosity where I live. I have enough of that at work.

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Did you try talking to them yet? Simply explain not cool and if they refuse to fix it let them know the city will make them and also you will have a contractor send them the bill to fix the damages they have done to your fence.
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Did you try talking to them yet? Simply explain not cool and if they refuse to fix it let them know the city will make them and also you will have a contractor send them the bill to fix the damages they have done to your fence.

 

They're not home this weekend. I'm still too mad to really talk to them without losing my cool. It takes a lot to upset me this much, so I'm trying to remain calm.

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Did you try talking to them yet? Simply explain not cool and if they refuse to fix it let them know the city will make them and also you will have a contractor send them the bill to fix the damages they have done to your fence.

 

City will not do a thing if they are on the property line. His only real option if they refuse to do anything is to go to the HOA. Sadly the only thing the HOA can do is fine them/put a lien against the property which will only affect them when they go to sell. Honestly best recourse is to talk with them and have them move it or even offer to help just to show you dont want to be a dick about it.

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City will not do a thing if they are on the property line. His only real option if they refuse to do anything is to go to the HOA. Sadly the only thing the HOA can do is fine them/put a lien against the property which will only affect them when they go to sell. Honestly best recourse is to talk with them and have them move it or even offer to help just to show you dont want to be a dick about it.

 

They've crossed over the property line into mine and have enclosed a small portion of my property inside theirs as well as disregarded my response to not connect to my fence.

 

I will be polite when I talk to them. Like I said, I don't want drama in my neighborhood as they've been here a lot longer than we have and have deeper ties on our street than we do.

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Yes that's why I said city involvement as they are clearly on someone else's property and since have drilled into property that they do not own have damaged a neighbors property and will be liable to fix said damage if you want to be a real dick about it.
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Before you go off and step on toes....... are you 100% certain where the property lines are? Did you go find the pins in the 4 corners of your property? If so....proceed, if not, either call a surveyor or go locate the pins yourself, then ask them to move their fence, if they won't, call the city, the city may very well tell you it is a civil matter, just FYI.

 

I just had a similar occurrence, the guy behind me put up a property fence against my chain link fence 12 or so years ago, they are odd, so I just said fuck it. But then his POS started leaning towards my house and putting pressure on my fence.

 

I had my property surveyed, found out he was 10" on my side of the line on one end and 12" on the other, my city told me it was civil, I asked if because it was on my property, was it considered mine, they told me yes, I then asked for a permit to have a recreational fire, they came out and told the fucker to move his fence. I think they saw through my plan.....

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So if I'm understanding this correctly, they basically built as little fencing as possible in order to build off of yours (assuming to save money?) but your fencing is actually 6inches within your property.

 

I would try and be as cordial and polite as possible, make sure you have the lot lines absolutely correct so you know you're not starting shit over nothing. Then gradually escalate the situation. Worst comes to worst whats on your property can be dealt with by you, cut that shit off and burn it.

 

Personally, I would be livid if they did it after I expressly told them they were not allowed to so I totally agree with you.

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I would talk to them. State you told them they did not have your permission to tie into your fence. And you want it removed within 24 hours. If not, and you are 100% sure where the property is I would use a chainsaw and cut the portion off on your property. And damage done to your fence I would take photos and possibly small claims court if it jacked it up.

 

What a cheap lazy ass that they don't want to fork out the money for a fence but will ruin someone else's fence. When I lived in the city my neighbors didn't understand why I got so upset when the kids would damage my fence on purpose. Shit cost money!

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I would take photos and some video as it is now. I would then remove anything on my property or tied to my fence and put it on the side of their house and take photos and video of the after. I would then draft a very brief letter stating that you advised them prior that what they did was not something you approved of having and thus removed it and have photos of the before and after if they would like them and that you would be available to discuss things and provide them a time that would work for you.

 

Very worst case, just hire a lawyer. They will know you're serious. If they can't afford a fence they likely don't want to get dragged into court.

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I'm not ready to just go and dismantle things. I'm too lazy for that. They put it up, they can take it down.

 

I will double-check on the property line and measure it out if I can that info. Still have it with my mortgage stuff I think. Should be interesting to try and find the property markers.

 

I'll either be yelling at my neighbor or the people that put in the fence. Maybe both, who knows.

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I know I'm in the minority here but when I think about doing it the way you'd have wanted it done it sounds nuts. (Correct me if I'm wrong) from the street you'd see 2 fences that come off of the houses but don't meet, then there would be a 6-12 inch opening running the length of the property? (6 inches if they installed on the property line, 12 if they did it like you and backed it off 6 inches) who is going to cut that grass?. Then they would be installing about $1,500 in fence that runs parallel with yours. Also, the good side of both of your fences would go to waste because they would face one another.

I'm in full agreement that the way they went about it was horrible and honestly was most likely their contractor who just did what he wanted when installing. I'd imagine he told them it'd be fine in some forms or fashion.

If I were them I would have installed it in similar places they did but installed the correct posts so it was self supporting and tied into yours only for ascetic, not function, but yes I would have made your extra 6" part of my yard (Bodum shhh) all the way down the length of the property.

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I see the point but they wanted it like that so someone wouldn't have to be in their yard to access utilities. Talking pure aesthetics I highly doubt this fence looks better as the material and support is not going to be the same as the surrounding fences so it probably looks just as terrible.

 

The entire point is it's not your property, also the structure of the fence was not yours and you were not only without permission but even told NO and did it anyway.

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I know I'm in the minority here but when I think about doing it the way you'd have wanted it done it sounds nuts. (Correct me if I'm wrong) from the street you'd see 2 fences that come off of the houses but don't meet, then there would be a 6-12 inch opening running the length of the property? (6 inches if they installed on the property line, 12 if they did it like you and backed it off 6 inches) who is going to cut that grass?. Then they would be installing about $1,500 in fence that runs parallel with yours. Also, the good side of both of your fences would go to waste because they would face one another.

I'm in full agreement that the way they went about it was horrible and honestly was most likely their contractor who just did what he wanted when installing. I'd imagine he told them it'd be fine in some forms or fashion.

If I were them I would have installed it in similar places they did but installed the correct posts so it was self supporting and tied into yours only for ascetic, not function, but yes I would have made your extra 6" part of my yard (Bodum shhh) all the way down the length of the property.

 

Sorry Nick I'm with this guy. I don't see the big deal about the fence itself. The neighbor being a dick and doing exactly what you asked him not too sucks and definitely calls for some subtle revenge. I would make it clear to them you're not happy about that then wait a couple months and random plants would die or weird dead patches of grass pop up.

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Talk to him, and politely remind him of the conversation you had where you did not grant him permission to build on to your property. Document the event. Give him 14 days to fix the issue or you'll be forced to fix it yourself, document this too.

 

Day 15 - Sawzall that shit and leave the remnants 6" past his property line. Again, document everything to avoid any legal "I'm going to sue you" BS.

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I don't think tapping into the existing fence is a big deal except that he did it in a way Nick wasn't happy with.

 

Our nieghbor and I get along great and he put up the exact fence we did. Rules our that my fence is on our property so it is ours and only I paint or stain it, etc. He tapped into the gate area with his but they put two posts so that his gate closes on his post and mine on ours. I don't issues with our gate if they slam theirs all the time, etc.

 

Overall I don't think it's a huge issue and as noted it was likely the installer that made some calls.

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It is unfortunate, but I think you have no grounds for a lawsuit or action. Because you went first, you set the spacing. If the guy was a stand up guy, he would split the cost of the joint fencing. But I see this happen in my Westerville neighborhood all the time. many of the people just ask them to split the cost.
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Don't have a fence now, but considering one. I was told to build it enough so that you could get your lawn mower between the fence and your property line. Move your fence back 3 feet?

 

 

Sent from my iPhone using Tapatalk

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I wonder if all of the other neighbors are pissed that he tied into their fences too. If he just went ahead and did it to yours after you telling him no, maybe he did it to everyone else's too. Ask around to the other neighbors and see if their pissed. You might get some backup when you go to bitch.

 

Also, I would tell him he at least needs his own end and gate posts. If his gate makes your corner post loose, it's a major pain to pull a post if it's in concrete.

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They paid a company to do that? It looks like a Fisher-Price My First Fence. Screw taking them to court, I bet they don't have money to fix it. Find your actual property line and go to work. I bet they won't be over for the next neighborhood cookout, but who cares, they probably don't bring good food anyways, and I'm sure they drink your beer.

 

Tom

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