How would you handle this yard/neighbor issue?

ericcsong · #1 09-09-2021, 01:13 PM

5 years ago we moved into our home. An elderly lady lived next door and we were planning to put in a fence (wanting to own dogs in the future). The neighbor passed and new neighbors moved in. The neighbor started cutting our bushes and planted a tree in our yard. We told her that it was our yard and she apologized and removed her small tree.

We decided to put up a fence and followed our plat. The fence company came in and used metal detectors to find the pins at the edge of the yard. We built the fence and when the fence went in, the neighbor came out and made the workers pull up the fence and move it over ONE INCH.

Fast forward 4 years, earlier this year, we had our land surveyed because we are doing a home extension. A big name survey company came over and measured the lot and staked our yard (in January). Our neighbor frantically came over to tell us the stakes were in the wrong place. It ends up that we have 18 inches from the stake to our fence. She made us move our fence ONE INCH and we were already in our yard (17 inches from our property line).

Three weeks ago, I told the neighbor's husband that we want to move our fence to claim back some of our yard. She called a different company to survey their property (the surveyor came out on Monday). I'm still waiting on what their surveyor will say, but I'm guessing that the measurements won't be far from what we received. I just want to move my fence as soon as possible and get on with the project.

Your thoughts?

(you can pick your house, but you can't pick your neighbors!)

N4640W · #2 09-09-2021, 01:31 PM

Move the fence back and unfriend them.

imwjl · #3 09-09-2021, 01:33 PM

First, aside from surveys, make sure there are not utility easements that can be another issue for fences. You don't want the expense and time wasted when your electric utility, LEC TELCO or local cable monopoly can rip out your fence.

Next consider if something that's inches is a fight worth what could be years or permanent grief. Smile even if it hurts.

Good luck!

ericcsong · #4 09-09-2021, 01:52 PM

Quote:

Originally Posted by N4640W

Move the fence back and unfriend them.

very tempting!

Quote:

Originally Posted by imwjl

First, aside from surveys, make sure there are not utility easements that can be another issue for fences. You don't want the expense and time wasted when your electric utility, LEC TELCO or local cable monopoly can rip out your fence.

Next consider if something that's inches is a fight worth what could be years or permanent grief. Smile even if it hurts.

Good luck!

We've been smiling a long time, but when

is enough a enough?

Dru Edwards · #5 09-09-2021, 02:06 PM

Sometimes surveyors come up with different results. Let's hope that's not the case here.

I would probably leave the fence as is ... unless you have a small yard that 18" would make a difference. You just have to make sure that the extra 18" gets mowed.

hubcapsc · #6 09-09-2021, 02:06 PM

First you used the extant survey pins:

>>the neighbor came out and made the workers pull up the fence

Then you paid for a new survey:

>>She made us move our fence

I would happily move the fence if she wanted to pay a
reputable/suitable surveyor to show that it was on her
property. I'm unsure of why you moved it?

-Mike

KenL · #7 09-09-2021, 02:07 PM

I would move the fence and tell her to sue me.

You've been more than neighborly. She's never going to stop.

ericcsong · #8 09-09-2021, 02:10 PM

Quote:

Originally Posted by Dru Edwards

Sometimes surveyors come up with different results. Let's hope that's not the case here.

I would probably leave the fence as is ... unless you have a small yard that 18" would make a difference. You just have to make sure that the extra 18" gets mowed.

Our yards are fairly small since we are so close to Washington D.C. Our reasoning is twofold. First we wish to have more space on that side of the home since we are renovating and doing some hardscape. Second, the neighbor made us move a fence one inch after is was already installed and it was already in our yard (she thought it was hers) and we wish to have more space back.

ericcsong · #9 09-09-2021, 02:12 PM

Quote:

Originally Posted by hubcapsc

First you used the extant survey pins:

>>the neighbor came out and made the workers pull up the fence

Then you paid for a new survey:

>>She made us move our fence

I would happily move the fence if she wanted to pay a
reputable/suitable surveyor to show that it was on her
property. I'm unsure of why you moved it?

-Mike

we moved it the first time to be neighborly. Trying to be nice. We are wanting to move things back and gain more of our existing property that is ours.

Quote:

Originally Posted by KenL

I would move the fence and tell her to sue me.

You've been more than neighborly. She's never going to stop.

We certainly feel like we have been more than reasonable!

RP · #10 09-09-2021, 02:23 PM

You need to have a lawyer who understands property issues on speed dial...

KevWind · #11 09-09-2021, 02:23 PM

Quote:

Originally Posted by ericcsong

5 years ago we moved into our home. An elderly lady lived next door and we were planning to put in a fence (wanting to own dogs in the future). The neighbor passed and new neighbors moved in. The neighbor started cutting our bushes and planted a tree in our yard. We told her that it was our yard and she apologized and removed her small tree.

We decided to put up a fence and followed our plat. The fence company came in and used metal detectors to find the pins at the edge of the yard. We built the fence and when the fence went in, the neighbor came out and made the workers pull up the fence and move it over ONE INCH.

Fast forward 4 years, earlier this year, we had our land surveyed because we are doing a home extension. A big name survey company came over and measured the lot and staked our yard (in January). Our neighbor frantically came over to tell us the stakes were in the wrong place. It ends up that we have 18 inches from the stake to our fence. She made us move our fence ONE INCH and we were already in our yard (17 inches from our property line).

Three weeks ago, I told the neighbor's husband that we want to move our fence to claim back some of our yard. She called a different company to survey their property (the surveyor came out on Monday). I'm still waiting on what their surveyor will say, but I'm guessing that the measurements won't be far from what we received. I just want to move my fence as soon as possible and get on with the project.

Your thoughts?

(you can pick your house, but you can't pick your neighbors!)

Just be aware that regardless of what the survey company may tell you ( they often sight studies of accuracy to within a centimeter of accuracy )..... BUT understand those are where the best of the best high end dual frequency receivers, the best augmentation devices, and best mapping software is used,,,, as well as in the most optimum in atmospheric conditions. But the reality is there can definitely be errors in GPS surveys even of several feet unusual but it can happen..

We had an example with a problematic neighbor who had a survey done late in the fall just before winter hit . Both of our properties Western lines were bounded by the US Forest Service. So in the spring the Forest service asked him to recheck the line before building his fence,, and when the same survey company came out they found the line they had marked in the fall, was 26 " off from the rechecked line , and said someone must have moved the stake , because they claimed centimeter accuracy .. So the neighbor accused us of moving it , but we had not. It caused a huge issue, but the simple reality was the survey company had a 26" difference in their own measurements.

Gitfiddlemann · #12 09-09-2021, 02:23 PM

Beware. That is one vindictive woman....
I would move the fence to the very edges of the yard. 18" is worth it.
But before you do, both you and your neighbor need to sign off on the surveying work. Get the Town involved if there is still some disagreement between you and the neighbor.
One thing I would never have done however, is to let her get her way about moving the fence one inch after it was installed. On what basis did you assume that she and her survey were correct and legit?

Slothead56 · #13 09-09-2021, 02:24 PM

Simple. Electric fence. That way she can enjoy your <insert animal here> and how it romps, barks/meows, poops, etc unimpeded.

Daniel Grenier · #14 09-09-2021, 02:29 PM

I’m just stuck on that mind boggling 1” move so I’m of no help right now. But, on second thought, I’d move. Life is too long to live next to someone who makes you move your fence 1 freakin inch!!!

dbintegrity · #15 09-09-2021, 02:31 PM

If they made you move the fence 1",I'd wonder if you might have inadvertently done something that ticked them off and now opened a door to petty BS. I'd go over there and find out if she or her Husband has some beef that can be resolved... sounds ridiculous unless your property is 15"x20"