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palmdale33

Entering Neighbor's yard for repairs--fence

palmdale33
16 years ago

Hi All,

This is a complex situation that will soon be rectifed, but in the meantime I need advice & suggestions. I recently purchased an old home that had a fence separating my rear side yard from the neighbors rear side yard. I had a survey done & learned that the fence is on the neighbor's property(it's turned the wrong way & is falling apart). There is a gate that is attached to this fence. The gate crosses over the property line & attaches to posts on my property. The gate was always locked, until I removed the lock (to have access to my side yard, my mistake). If the gate were not there, the neighbors would have about 1 ft of property between their fence and my property. Their garage is in line with the fence. They used to ask for permission to enter my backyard, now they do not. It's scary, because I have a large dog & I am sometimes startled when I open the backdoor to find them in the yard working on their garage. They don't just use their foot of property... they are all over the line in my backyard! very annoying! I also have to maintain the property that is actually their's... the 1 ft of land, because of this gate. It's too small to get a mower through, so I have to mow it. I was told that the gate was paid for by the previous owners of my home. This is the strangest situations I've ever seen! I assumed the fence was joint. Turns out that nothing is joint. They own the fence, I own the gate!

Any suggestions as to how I can rectify this until I get another fence put up & have the gate removed?

Should I post a sign... use a temporary bolt or what????

Any help appreciated.

Thanks!

Comments (16)

  • bus_driver
    16 years ago

    Removing the lock before being sure of the property line was precipitous. I would buy a new lock, give it and the key to the property owner, apologize, and leave it alone. One of the reasons for placing a fence entirely on your own property is to control that fence.

  • palmdale33
    Original Author
    16 years ago

    Thanks Bus driver... but the gate is totally on my property, not the neighbor's. The fence is on their property. The previous owners of my home purchased the gate & the neighbor's bought the fence. That's why it's all odd. Also, it wasn't really locked, it was sealed with a large screw. I did contact an attorney today & he said I've done nothing wrong...the gate belongs to me, but you're right it was hasty to remove it before getting a survey. I also called the city & there was never a permit issued for this fence or gate. There also was never a permit issued for the garage addition or the new sidewalk--that spills over into my property. Some of these things were done while my home was vacant(without an owner for 5 years).
    This further enforces all the reasons why you should get a permit before building anything. Nevertheless, they can remove the fence, but not the gate. Either way, I'm just going to purchase my own fence & gate. They can even keep the gate, they can reverse it, so that it swings their way over their property, instead of mine. I'll just build within my own property with a permit! I got two quotes today, so this will all be over soon--like next week!
    Thanks a million.

  • buddyben
    16 years ago

    What is the city going to do about the unpermitted garage addition that encroaches onto your property?

  • palmdale33
    Original Author
    16 years ago

    Hi Buddy,

    They are sending an inspector out next week.
    The old part of the garage is within their property & in line with the fence, but violates the setback codes of our community/city. The addition hangs over the property line by about 4.5 feet. The addition has new gutters & such.... This is the part of their garage they are usually coming into my backyard to work with (cleaning the gutters). Last week, they entered my backyard with an entire crew of people. I opened the backdoor & found a crew with vinyl siding working away. Work materials were all over my yard. That's why this is so annoying. I wouldn't have cared, if they asked in advance. Some say, I should have called the police....but I want to keep an "ok" relationship w/ my neighbors.

  • bud_wi
    16 years ago

    It doesn't look like this is going to be an "OK" neighbor relationship.

    If I am understanding your post correctly, they built a garage addition on your property. Without a permit. And the original garage was not put in place correctly either. Where I live the city will make them tear it down and fine them. OR there may be an option that they pay the fine take out a permit AND they pay you RENT for use of your property. I know of a restaurant that built an addition a few feet onto someone's property and they must now pay the owner rent or tear down. They chose to pay rent.

    You say the inspector is coming out and I think there is going to be bad news for your neighbor. Of course he will blame you. It could get ugly. You'll be in my prayers. :)

  • Lauren Devonshire
    16 years ago

    Wow,please tell us how this turns out. You poor soul.Don't let them bully you.You need a lawyer.

  • palmdale33
    Original Author
    16 years ago

    Bud & green, you're both right about things getting ugly!
    I'm sure they'll blame me for everything... although the inspector says he won't tell them why he's inspecting the property or who called him. They'll likely think he's inspecting my property since I've been having a lot of work done around my home. Yes, the addition hangs over the property line & the old part of the garage isn't in the proper place according to codes. There are no permits for anything on file. I'm not sure what they're going to do about their additions, but I hope an attorney will have some ideas. The fence contractors are telling me that even if I build my fence within the property line (which I am...even though there is no setback requirement for fencing) they still won't have enough space to work on their garage addition gutters. They would have to squeeze into the space that will be left. Not my problem! I don't know why people do things like this! I guess the temptation is too great when you live next to an abandoned home. I guess they never imagined someone would come along & repair the old thing! If you can belive it, they're actually doing work on their property now---the back side now. I know they didn't get a permit, because our city notifies all neighbors, on all sides when someone applies for a permit to do any modifications to the exterior of their home or their yard. We have the option of protesting or expressing concern once contacted. The building permit will still be issued, even if there is a complaint, it's just a formality, but I didn't get a notification, no one did. We'll see what the inspector says next week.

    Thank you all for the concern & tips.

  • brickeyee
    16 years ago

    "old part of the garage isn't in the proper place according to codes"

    If the garage predates the existing codes it is grandfathered without a variance.
    Did you get a title report & title insurance when you purchased?
    It should have clearly identified any encroachments.
    How do you know the location of the property line?
    have you had a boundary survey (NOT an improvement location survey) and had the monuments found or installed?

    How did you ever go to settlement with a boundary problem?
    The title you received was not 'clean'.

  • buddyben
    16 years ago

    Ask your lawyer if you should continue to let them and their workmen enter your property. I wouldn't want them on my property in case one of them gets hurt. And you said you had a dog? Are you depending on them not to accidentally let the dog out of the yard? I would never never never take that chance!!
    Lots of people are scared of dogs -- one of the workmen could overreact and harm your dog.

  • palmdale33
    Original Author
    16 years ago

    I had a full boundary survey. It cost me 700.00 dollars.
    They gave me a detailed map of the property lines & they put new stakes in the ground on all sides. Everything was fine & the old markers were fine, except on the side of the nutty neighbors.
    The dog stays in the house until we take him out. He's rarely left out alone & if so, only if I have to run in the house for something. He's a large breed dog & a bully breed--a doberman, so I would not want anyone to get hurt.
    He also doens't like these neighbors. That's why I don't risk leaving him alone now. As for the title, the title company did not report any kind of encroachment. They relied on the existing stakes that were in the yard. If you looked at the stakes in the yard, everything made sense... if it were not for that gate & that fence--. I got a survey only because I needed to know about the gate & fence & needed one to get a permit for the fence. It was also something that needed to be done. Anyway, the neighbors finally told me that the stakes were moved. I asked my "neighbors" & they said they added stakes, because the old ones were under their new concerete driveway & that the original stakes were in the wrong place anyway. So, they said they were just "correcting them". If you looked at the stakes they put down on their side, nothing was encroaching.
    I did tell the city about them moving the stakes & I have witnesses in the community that know about it. The surveyor also made a note about stakes of "unknown origin" behing present during the survey. They removed them... they were not set very deep into the ground, but looked like the real thing.
    Their addition doesn't predate existing codes. A permit has been required since the 70's for the area I live in.
    You can clearly see that the building & fence are no more than 3 or 4 years old. The fence looks so bad because they pull into their yard speeding & have bumped it a few times.
    Like I said, it's not an easy situation. But, I think it can be resolved with the help of the city & a lawyer or by moving & letting someone else deal with this mess!

  • palmdale33
    Original Author
    16 years ago

    kimcoco take a pill & get therapy. If you have no productive, friendly, intelligent input, stay out of the discussion. You're making it personal, when it's not.
    It's not about you. I asked for "suggestion" until I can remedy the situation peacefully.
    It's people like you who give forums a bad reputation.
    You're not my neighbor, thank heavens, else I'd call the state to see if I could get you checked into a mental ward.
    You're a jerk. You don't know me, you don't know my situation, so find someone else to beat because you're in a screwed situation.
    And for your information... building without a permit is ALWAYS dumb! stealing property is ALWAYS wrong, so no one cares what you think...although it's clear you weren't when you posted. READ BEFORE YOU POST, READ BEFORE YOU POST, MAKE IT YOUR MANTRA!
    No one has denied them access to anything... where the flip do you see that?!? And the previous owners had to leave because of these neighbors, so did two families before.
    At least your post has helped me understand what's going on in their head. So, unless you know the facts, don't post. It's not personal! There was no reason for you to be rude. Some people are sad. Get a life that does not involve being a jack A to undeserving people. I bet you troll the internet looking for ways to ruin someone's day. No need to respond, unless it will "help your mental" state...

    I will not be reading it or checking back! Why give you the satisfaction.

    It's a home forum, not the teen forum or the angry people who have issues forum... ok?

    I would say I'm going to keep you all updated on this, but I really have enough to deal with, without reading crappy posts like this from fruits. Yes, this person does remind me of all that's crazy in the world. But,thank you all for the tips & suggestions & the kindness! PEACE!

  • Fori
    16 years ago

    Palmdale...while you're getting quotes and permits for fences, get them for TALL ones! :)

    Good luck! Fortunately, you have the dog so you can always blame any improvements you must make to the fence on the dog and attempt to stay friendly with the neighbors. And it doesn't hurt to let them know, in a friendly way, that once you get the BIG fence put in for your dog, he'll be out more and he's pretty mean so be sure to tell you when they need to come in the yard so you can put him away. (Doesn't hurt too much to TRY to stay friendly...)

  • kimcoco
    16 years ago

    Ben, people in our neighborhood don't qualify as candidates for the Jerry Springer show. We don't resort to pulling guns on eachother and freaking out over trivial matters.

    For your information, the woodpile was there when we purchased the home, and trust me, it's not our neighbor's mentality to get upset with us if we happen to step on a few blades of their grass.

    You see, when people actually take care of their property, i.e. trying to clean out their gutters, it only benefits the rest of the neighborhood and increases the value of the homes around you, so in our neighborhood, we appreciate homeowners who are willing to put forth the effort, and we understand the concept of being neighborly.

    I don't have to "ask" permission to access my woodpile, nor does my neighbor have to ask permission to put the base of his ladder on MY property where our garage's meet up if he wants to clean out his gutters.

    Neighborly = "Having or exhibiting the qualities of a friendly neighbor"

    Palmdale's passive-aggressive behavior is not only disrespectful, but it's not condusive to a neighborly relationship. It sounds more like she has a personal vendetta against them, and concerns herself with neighborhood gossip - both past and present. Based on what I've read, I can only surmise that the subject's personal life is a constant stream of unstable relationships.

    Perhaps it would be better for the subject to communicate with the neighbors directly and discuss concerns with them instead of going behind their back seeking legal action/advice. It's really a simple matter of respect and communication, not about 'how can I screw my neighbors because I'm peeved that I neglected to have the land surveyed before I put an offer in on the home.'

    Sometimes it's better not to count your losses. Focus on the positive and chalk it up to a learning experience.

  • barneyrubble
    16 years ago

    Hence, the old adage - "Good fences make good neighbors..."

  • sautesmom Sacramento
    16 years ago

    Well, I used to work for a lawfirm that did insurance defense, and we had a case where someone's fence was accidentally built a foot over the property line, and we got the case sent to our office because believe it or not trespass (fence on their property is trespass) was covered by their homeowner's insurance. I say call your insurance company for the garage issue, and let them deal with it!
    Carla in Sac