Neighbors and fencing

iamwonderingMay 25, 2010

Between my property and my neighbor's back/side yards, there was a chain link fence that we both assumed to be on the property line. There is about 2' from the fence to our driveway and garage. My neighbor took down the chain link and replaced it with a 6' wooden privacy fence. She told me she was going to have her brother in law put the gate opening into my drive because it was "easier". I asked her not to open the gate out, but into her yard instead because I did not want to be responsible for anyone hitting the gate pulling in or out of my driveway. She did it anyway, the gate opens out right into my drive AND she has a latch on her side of the gate but not mine. She has access to my yard but I do not have access to hers. She also told me that "someone called in on her and she had to get a building permit". I assumed she had already done so.

My questions are:

1) Since we both assume the fence is on the property line, how do we write up a legal paper stating this so that she cannot absorb property from my side of the fence? Does anyone have an example I could use, we both sign, and perhaps have notarized?

2) I am guessing that whoever came out to inform this neighbor that she needed a building permit would come back to inspect and let her know that the gate cannot open out into my drive. However, can I put a lock on the gate on my side to prevent it from opening? Since it's on the line, is my side of the fence truly mine to do with what I choose?

3) She also fenced the back corner off which effectively cut off the back neighbors completely from accessing the side of their garage. Illegal?

Although we are friendly between us, this neighbor pretty much does whatever the h**l she wants to.

Advice?

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larke

You are just going to assume the fence is on the line? Why? You could be giving up a lot of your property, which I imagine any new owners (if you sell) would not be very happy about! You need to get an RE lawyer involved - you can't possibly start drawing up agreements based on things as they are, let alone that you know next to nothing about the law or how such things are dealt with. Stop guessing, stop either accepting or resenting what she did with the gate - find out what's what before it's too late altogether!

    Bookmark   May 25, 2010 at 7:03AM
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joed

It's her fence. I would not put a lock on it. May be put something large like a rock on your side so it can't be opened.

    Bookmark   May 25, 2010 at 8:23AM
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lumper20

Please pay for a boundary line survey. If you have one fine. I am not talking about a survey for closing.

    Bookmark   May 25, 2010 at 3:43PM
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