Neighbor took down the fence seperating our backyards !!!!?

Question

i put up an 8ft fence four feet over from the original fence. city codes require that you have a tall fence surrounding your yard if you want to get a pool, which we planned on, but i also wanted to make a dog run so our dogs wouldnt dig up the yard. well, the neighbor just took the original fence out without asking us!!! now he claims that the 60 yard long and 4 ft wide strip (which was going to be my dog run) is his property. where do i go for help?

Answer 1

Local City Hall is a good place to start.  They should have all the plot maps for your subdivision.  You may have to get a survey done if it comes to a court case.  Don't wait too long though.  It takes a while for a legal easement, but if you let him get by with it, he can claim the land as his by right of usage.   How long has the yard been fenced & included in your yard?  Maybe you can claim the land by right of usage even if the survey doesn't go your way

Who owned the fence he took down?  Was it jointly owned, yours or his?  If it was his, I think he may have the right to take it down. Otherwise, he will be responsible for the total cost of replacement. (plus court costs? and cost of the survey?)

Good luck.

Answer 2

Your deed describes the measurements of your land.It is in the county courthouse(recorded).Your neighbor is being an ***.If he gives you a hard time get a lawyer and sue him for rental of the property.Was the origional fence his.If not then he owes you a new fence.If it was just put up another shorter fence on your property outside your taller one.

Answer 3

Besides what jtl said, you may have a claim against your neighbor.  The fence he removed may belong to both or one of you depending on your local laws and who installed it.  After the survey if the property line was on or near the property boundary you may want to contact a lawyer for advice.  Getting along with your neighbor and reaching an agreement is better, but if you let him walk all over you, he will do it again and again.

Answer 4

U can put another fence up on ur property for ur dog run without his permission.  As they are so rude claiming that's his property.  U need to ask the city to mark ur property lines.

When the assessor comes with the original plans...make sure u get a copy of the research.  Than he cannot say @#$@!

Answer 5

There are property corner markers usually set at the time of the survey. When you bought the property, they should have been set, or located.

See if you can find them. If not, the surveyor should be able to come out and re-locate or reset them (for a fee).

That will establish where the property is. You might want to then put a fence right on the property line so he does not claim right to the property due to maintaining it for x-years.

For the old fence. If it was his fence, usually a good way to tell is if the "good" side was facing your property. Then it is his fence, if the "good" side faced his property, it is your fence.

Do you have any neighbors That you could ask "who" put the fence up?

Good Luck, and just try to smooth it over with your neighbor. After all, you have to live next to him.

Answer 6

the old fence that your neighbor took down? where the fence posts on your side of the fence or his side of the fence. seems like a funny question that i am asking but, if the posts were on your side, that is your fence and he has no right to take the fence down.if the fence is yours he has to replace it and any city expenses with surveying and the cost of the fence is his. if the posts were on his side, well then he has every right to take down the fence. but as to saying that your possible dog run is his property like it's immanent domain is just wrong. check with the city zoning and surveying dept.

Answer 7

go to your local city hall and ask for property and plot line maps. then ask a surveyor to come out and mark the property lines according to your maps

Answer 8

ever thought about calling the police, you need to get a police report stating that he took down the original fence, you could possibly need it in court to make him pay to replace the old one

Answer 9

This issue arises over and over. The courts have pretty well settled the proper course to follow.

The deed to your property has a legal description of the property.

First have a surveyor mark the property corners and lines. Have the surveyor show existing features such as fence locations, etc. on his survey map. Get a copy of his survey map. This will be needed to prove it is actually your ground should you have to go to court.

Second, make use of the land outside your fenced area. If you KNOWINGLY allow someone else to use your land over a certain amount of time, they may legally lay claim to it. (Open and Notorious Use Doctrine).

Three, reinstall a new fence on the actual property line as shown by survey. If the neighbor gives you a hard time, see an attorney and have the attorney handle it.

Above all don't get into a yelling or physical confrontation. It will be used against you as character assassination if you have to go to court.

Answer 10

You need to get your property description from your closing papers and get a surveyor to make the lines.  Then if there are further questions, you hire a lawyer!  If the old fence was on the property line, it may have been his fence and he can take it out if he wants too!