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Posted by PKSSADHU (My Page) on
Mon, Aug 20, 12 at 15:52

I have a guy that lives next door to me ,he measure 29 inches from his basement wall and he put a chain link fence up in the driveway, now i cant park in the drivway.He put the fence up when I was not at home I came home at 12 in the night and I hit the fence causing close to 5000.00 in damages to my truck.WHAT CAN I DO??? I was aressted for causing damages...

Follow-Up Postings:

RE: Fences

Call a lawyer, and also get a survey of your house.

What does the property records say about setbacks?

RE: Fences

$5,000 in damages to your truck? My goodness, how fast were you going in your driveway at midnight that you didn't see a chain link fence and were not able to stop when you first hit it? Consider yourself fortunate that someone wasn't walking their dog along the sidewalk in front of your driveway at that time. You would have killed them.

RE: Fences

Hmm.. Coming home, after dark, to a driveway that didn't have a fence in it that morning? I can actually see how you'd hit it. Chain-link fences don't show up that well to begin with, & aren't often extended to front sidewalk. (The area with better chance of being visible due to street lights, front porch lights, etc). It seems reasonable to not expect it to be there - or realize what you're grinding/screeching against, initially. However...
I suspect the estimate for repair is exaggerated, at best. Seems as though I'd be more concerned - & angry - about bail & legal fees for property damage charges.
More relevant - you said "the driveway", not "my driveway". Is it a shared drive, & if so - have you two had issues before? You said also, "Now I can't park in the driveway.." Did he do this to keep you from parking there? The fact that he called the police & had you arrested makes me think there's some history between you all.
Lastly - I've done a lot of boundary surveys for fences & property line issues. A FEW of them were even for the person putting the fence in, to submit with request for building permit & to be sure to get it placed correctly, the 1st time. So...
1.. Building permits are required for fence installation in most (not all!) areas - for many good reasons. Find out if he got one, it's info that should be available to you at your courthouse. (A boundary survey is not required for fence building permit in my county, & folks rarely want to add $500.00 to their $1000.00 fence budget - understandably). They do require that we (homeowners, not surveyors) measure out & sketch property lines, including adjacent structures & driveways, & submit it with application.
2.. Do you own your house, or rent? If you're a renter, the landlord/property owner should be involved ASAP.
3.. Do you know where your pins are, have you ever looked? Even shared driveway corners are pinned, more often than you'd think.
4.. This is not necessarily an "old house" issue, there are likely other places to ask about this where you'll get more specialized advice.

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