Shared fences and eminent domain

[Tombstone RJ]

Originally Posted by btlook1

Would get it surveyed and proceed with putting a new fence up. More than likely they won't do anything once you give them a copy of the survey. Are they going to sue you? Probably not and probably won't contest it once you explain it to them. Have it surveyed while they are home so when they ask questions you and they know what's up. Or get some tordon from your local coop and cut them and spay the crap with them....tordon kills about everything long as you get it on a fresh cut stem or trunk. Just a few drops normally does it but has to be freshly cut off so it soaks in the roots.

Nope, not correct. And trust me, I know. The fence has been there too long, it's an understood boundary. In fact, 007 had it surveyed prior to buying the property, so he knows the fence is not on the property boundary line.

[007]

Originally Posted by Tombstone RJ

Nope, not correct. And trust me, I know. The fence has been there too long, it's an understood boundary. In fact, 007 had it surveyed prior to buying the property, so he knows the fence is not on the property boundary line.

I never said that. I didn't have it surveyed. I only saw a copy of a survey when we purchased.

[Tombstone RJ]

Originally Posted by 007

I never said that. I didn't have it surveyed. I only saw a copy of a survey when we purchased.

Oh, then get it surveyed first. Pay the $500 or whatever for a licensed land surveyor to find your corners and mark your corners. This "might" scare the neighbors enough to do something, maybe? But, if they know their rights, if they have been there for longer than 7 years, then they probably know that you can't just start tearing things down and putting in new fences.

Don't do tear stuff down first. That's when people go to court and they only people who come out on top are the lawyers.

Get your property surveyed, and then consult the survey company about your options. They may be able to lead you in the right direction. They may tell you the same thing I've already told you too. Land survey companies tend to deal with these types of issues, it's part of their job, because you ain't the only person with this type of problem.

[kccrow]

Originally Posted by Tombstone RJ

Nope, not correct. And trust me, I know. The fence has been there too long, it's an understood boundary. In fact, 007 had it surveyed prior to buying the property, so he knows the fence is not on the property boundary line.

Not necessarily. Depends most likely on if there is a city or county ordinance. Generally, if a fence is wholly on his property, he is free to tear it down. You, again generally, only end up in situations like you speak of if the fence resides directly on the property line, known as a partition fence.

[Tombstone RJ]

Originally Posted by kccrow

Not necessarily. Depends most likely on if there is a city or county ordinance. Generally, if a fence is wholly on his property, he is free to tear it down. You, again generally, only end up in situations like you speak of if the fence resides directly on the property line, known as a partition fence.

He may be able to tear it down, but he may not be able to put up a new one on the actual property line.

[kccrow]

Originally Posted by Tombstone RJ

He may be able to tear it down, but he may not be able to put up a new one on the actual property line.

Yeah, I'm not really sure. He will only get a sure answer by doing some code research and consulting an attorney about it.

There certainly is a lot of merit to your claim about how long the fence has been there. Over 10 years is normal to establish a boundary.

I'm not sure if he would have any testimony from the previous owners over who maintained the 5 feet of property on the other side of the fence for all of the years he didn't own it. If he's been there 14 years and hasn't ever maintained it but instead allowed the adjacent owners to maintain it, then he's most likely going to lose a property line dispute should it arise.

The big thing is, do the neighbors know the property line exists on the other side of the fence; do they try to claim that 5 feet as their own; and do they have any problem with removal of the fence or maintenance of his 5 feet of property on the other side?

I'd certainly try the avenue of saying to them "hey, I'm going to go on the other side of the fence here and maintain my 5 feet of property because the growth is getting out of hand and I can't trim it from this side, can you make sure you don't have anything like a garden hose lying close to the line that i'd hit with my trimmer?" See how that flows... If they say "hey that's my property..." well you'll know the position they are taking.