problem with fence

wowkkplantsJanuary 14, 2007

I have no idea how to describe this problem so I hope this makes sense. I live in a condo with outdoor space (a roof deck). The only description of the outdoor space is the original offering plan which is almost 30 years old. There were fences dividing the outdoor space that didn't match the original offering. The fences were removed 3 years ago, roof redone and then our neighbor and I had our deck and fence redone plus an additional room added onto our units.

To do this, We had to agree on an architect, architect drew up the plans, we approved them, architect got plans approved by the board, approved by the city and local community board and then we (neighbor and I) got a contractor to build it. All told, neighbor (and I) had plans for almost 1 year before construction started. We had to sign off on plans several times for approvals. It took over 6 months to build and now, only now, the neighbor is saying the fence is off by several feet. I checked and it may be off by 1 foot but it is more likely off by a few inches. He noticed on the plan that we approved again and again that it is also off. Who is liable here? We can't actually just move the fence as it would put the fence too close to my new room if he wants it moved feet. (Note, it isn't even space that is critical to me, it is that it messes up the layout. IF he had told me about this before all this was approved, I would have let him have it. He didn't ask.)

The neighbor is getting his specs from the original offering plan but that isn't where the fences were before we redid them (they were moved some but I don't even remember where they were this project has taken so long). I actually don't know if the architect had the original offering plan and I only had it for my area, not the neighbor's. When I actually measured, my fence does show extra space but I hadn't bothered to measure because property borders his AND the original fence didn't match the offering.

Sorry if this is soooo confusing. I am actually confused as well as I can't find anything official that describes out outdoor space.

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Consult an attorney.

    Bookmark   January 15, 2007 at 6:50AM
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I'd call a state-licensed surveyor out to mark the line. That's the person who has the knowledge, equipment and expert standing to get it right (and to be a witness in court should things get that far). Shouldn't cost you too much--maybe a couple of hundred. Maybe you and your neighbor could agree ahead of time on the surveyor and on splitting the cost--and that you'll abide by the results.

    Bookmark   January 16, 2007 at 2:54PM
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Ignore him, sounds like your covered. Not everyone is rationale...if he has a problem, it is his. Let him do all of the legal work etc. Sleep well knowing he can do NOTHING without your approval or he is liable for vandalism and a host of other charges. Try to get him to lighten up, if possible.

A good tactic would be to offer him a proposal to redo everything that would be needed to make your area to your liking. Chances are he will balk at it, fine. The point is you did offer a solution and rightfully at his expense.

    Bookmark   January 16, 2007 at 11:26PM
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