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FOM
 
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Default Neighbor Using My Fence

I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?

  #2   Report Post  
Clark W. Griswold, Jr.
 
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"FOM" wrote:

I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?


I suspect you never asked him when you put up your fence, right? Or how he felt
about having a fence. That would have been the time to ask if they wanted to
share in some part of the cost. Me thinks you are being a bit anal. Have you
something in for your neighbor? What would you have him do, build a parallel
fence down your fence line?

Presumably you put the fenceline clearly inside your property boundary and not
right on the property line. If not, he's free to do whatever he likes with his
side of the fence, including painting, attaching, modifying, etc.

Once you put yours up, he is free to continue the fence line. If you are
concerned about the attach point, I'm sure he could put up a duplicate pole/post
right next to yours, but why?
  #3   Report Post  
FOM
 
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There was no house there when we put up our fence. Hey, way to make all
sorts of judgements about me from my post.

  #4   Report Post  
G Henslee
 
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FOM wrote:
There was no house there when we put up our fence. Hey, way to make all
sorts of judgements about me from my post.


Call a lawyer. Pay him $250 an hour to tell you what you don't want to
hear.
  #5   Report Post  
D. Gerasimatos
 
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In article .com,
FOM wrote:

I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?



I'd do nothing. What do you want to happen?


Dimitri



  #6   Report Post  
FOM
 
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This (from :http://www.lectlaw.com/files/lat05.htm)

If someone erects a fence on a boundary line, the fence remains that
person's unless, or until, the neighbor uses the fence--which in most
states means until the neighbor actually encloses her property.

If someone encloses his property, using an already existing fence on
any side, most state fence laws require that he pay the other owner for
the value of the fence. In other words, he must actually buy a share of
the fence. Then he becomes a co-owner of the boundary fence. California
describes this as a refund to the other owner of a just proportion of
the value of the fence at that time.(16) Many states set the required
payment at one half of the value of the existing fence to the other
landowner.

  #7   Report Post  
D. Gerasimatos
 
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Default

In article . com,
FOM wrote:

This (from :http://www.lectlaw.com/files/lat05.htm)

If someone erects a fence on a boundary line, the fence remains that
person's unless, or until, the neighbor uses the fence--which in most
states means until the neighbor actually encloses her property.

If someone encloses his property, using an already existing fence on
any side, most state fence laws require that he pay the other owner for
the value of the fence. In other words, he must actually buy a share of
the fence. Then he becomes a co-owner of the boundary fence. California
describes this as a refund to the other owner of a just proportion of
the value of the fence at that time.(16) Many states set the required
payment at one half of the value of the existing fence to the other
landowner.



So you want him to pay you? I'd tell you: "I'll see you in court."
Maybe you'd win, but I wouldn't pay you a dime without seeing a judge.
Is it really worth it to you? You sound like kind of an asshole. You
were going to pay for the fence in entirety whether or not your neighbor
enclosed his property.


Dimitri

  #8   Report Post  
Al Bundy
 
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Default



FOM wrote:
This (from :http://www.lectlaw.com/files/lat05.htm)

If someone erects a fence on a boundary line, the fence remains that
person's unless, or until, the neighbor uses the fence--which in most
states means until the neighbor actually encloses her property.

If someone encloses his property, using an already existing fence on
any side, most state fence laws require that he pay the other owner for
the value of the fence. In other words, he must actually buy a share of
the fence. Then he becomes a co-owner of the boundary fence. California
describes this as a refund to the other owner of a just proportion of
the value of the fence at that time.(16) Many states set the required
payment at one half of the value of the existing fence to the other
landowner.


Where are you getting this garbage? Fences are often governed by local
ordinance, particularly in residential areas. You might be very
surprised who is responsible for which fence. In my area, for example,
residents are responsible for the fence on one side and the other
neighbor has responsibility for the fence on the other side. In any
event, attaching to the existing fence is not prohibited or a source of
refund to any neighbor.

  #9   Report Post  
CL (dnoyeB) Gilbert
 
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FOM wrote:
I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?


Be neighborly.

--
Respectfully,


CL Gilbert
  #10   Report Post  
Donna
 
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"FOM" wrote in message
oups.com...
I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?


Nothing.

I'm beyond curious why this bothers you, but whatever. I suppose you want
to do one of the following:

a) tell the neighbor to put up a duplicate fence, which is going to make you
look like an absolute ass, and is also going to mean that no one can mow
between the two fences, and your yard will look like crap where the grass
and weeds are growing uncontrolled, or, if the second parallel fence is put
up with mowing room between, hello, your yard will look like Rahway Prison.
That's an attractive solution.

or b) ask the neigbor to pay you for half of the fence segment, which is
going to make you look like an absolute ass, and will be an enormous pain in
the ass from then on, because everything that has anything to do with that
segment of fence will now have to be negotiated with the neighbor. Not a
good idea.

Lighten up, guy. Share the fence happily, particularly when you consider
that every other solution is worse than the problem

Donna




  #11   Report Post  
FOM
 
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Dear Donna,

Bite me.

  #12   Report Post  
FOM
 
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Default

Dear Dimitri,

You can bite me, too.

  #13   Report Post  
FOM
 
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Dear Clark,

Kiss my ass.

  #14   Report Post  
CL (dnoyeB) Gilbert
 
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FOM wrote:
Dear Donna,

Bite me.


lol. Why not just take yor fence and go home

--
Respectfully,


CL Gilbert
  #15   Report Post  
D. Gerasimatos
 
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In article .com,
FOM wrote:

Dear Dimitri,

You can bite me, too.



This is your way of proving that you're not an asshole?


Dimitri



  #16   Report Post  
Doug Miller
 
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Default

In article .com, "FOM" wrote:
Dear Donna,

Bite me.

She gave you good advice, and this is your response?

Might be time to put you in the killfile...

--
Regards,
Doug Miller (alphageek at milmac dot com)

It's time to throw all their damned tea in the harbor again.
  #18   Report Post  
Donna
 
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"FOM" wrote in message
oups.com...
Dear Donna,

Bite me.


Hey, guy, why don't you tell us what you want to hear? That way no stray
bits of logic, etiquette or common sense will inadvertantly sneak into your
head. Apparently that would be bad.

Donna


  #19   Report Post  
 
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On Thu, 28 Jul 2005 06:15:55 +0000 (UTC), in misc.consumers.house
(D. Gerasimatos) wrote:

In article . com,
FOM wrote:

This (from :
http://www.lectlaw.com/files/lat05.htm)

If someone erects a fence on a boundary line, the fence remains that
person's unless, or until, the neighbor uses the fence--which in most
states means until the neighbor actually encloses her property.

If someone encloses his property, using an already existing fence on
any side, most state fence laws require that he pay the other owner for
the value of the fence. In other words, he must actually buy a share of
the fence. Then he becomes a co-owner of the boundary fence. California
describes this as a refund to the other owner of a just proportion of
the value of the fence at that time.(16) Many states set the required
payment at one half of the value of the existing fence to the other
landowner.



So you want him to pay you? I'd tell you: "I'll see you in court."
Maybe you'd win, but I wouldn't pay you a dime without seeing a judge.
Is it really worth it to you? You sound like kind of an asshole. You
were going to pay for the fence in entirety whether or not your neighbor
enclosed his property.


Dimitri



My old neighbor attached his fence to ours and even knocked down one of our
poles (it was getting rotten) without telling us.. but you need to get along
with your neighbors.. we were upset about the pole but not about him attaching
his fence to the exisiting one. I don't see what there is for this person to
get upset about really. Take the first person's advice and be neighborly.
  #20   Report Post  
AllEmailDeletedImmediately
 
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"Donna" wrote in message
news:xp5Ge.1956$QX2.1363@trndny01...

"FOM" wrote in message
oups.com...
I had a fence installed last year. It is three sides that enclose

my
backyard. Yesterday, my next door neighbor installed a fence and

used
my existing fence to complete enclosing his backyard. He did not

ask me
if he could do this, he just had the installers attach his fence

to
ours. Now, we are paying for one third of this guy's fence. Is

this
legal? What should I do?


Nothing.

I'm beyond curious why this bothers you, but whatever. I suppose

you want
to do one of the following:

a) tell the neighbor to put up a duplicate fence, which is going to

make you
look like an absolute ass, and is also going to mean that no one can

mow
between the two fences, and your yard will look like crap where the

grass
and weeds are growing uncontrolled, or, if the second parallel fence

is put
up with mowing room between, hello, your yard will look like Rahway

Prison.
That's an attractive solution.

or b) ask the neigbor to pay you for half of the fence segment,

which is
going to make you look like an absolute ass, and will be an enormous

pain in
the ass from then on, because everything that has anything to do

with that
segment of fence will now have to be negotiated with the neighbor.

Not a
good idea.

Lighten up, guy. Share the fence happily, particularly when you

consider
that every other solution is worse than the problem


has anyone ever thought that the new neighbor should have come over
and offered the guy something for saving him some money? fences can
be expensive. that's what i would have done.




  #21   Report Post  
bryanska
 
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The original poster isn't an ass, people.

His property is being used by another person. He has lots of cause to
ask questions.

Funny - I frequent lots of news groups. But people who are passionate
about their houses are the quickest to assume, judge and condemn.

Just an observation.

  #23   Report Post  
bryanska
 
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I can explain it by pointing out remarks made to which he is
responding:

"Me thinks you are being a bit anal."

"Is it really worth it to you? You sound like kind of an asshole."

"I'm beyond curious why this bothers you, but whatever."

"a) tell the neighbor to put up a duplicate fence, which is going to
make you
look like an absolute ass,"

"or b) ask the neigbor to pay you for half of the fence segment, which
is
going to make you look like an absolute ass,"

"Lighten up, guy"

-- these uncalled-for "straightforward replies" all warrant their
respective replies. Tit for tat, and the original poster didn't supply
the tit.

  #24   Report Post  
Robert Morien
 
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In article , Dan
wrote:


has anyone ever thought that the new neighbor should have come over
and offered the guy something for saving him some money? fences can
be expensive. that's what i would have done.


That's why I think he should take down the portion of his own fence. Once
the
neighbor pays to up a replacement, they both will have paid an equal amount
for that portion of the fence.


If that happened and it was my house, I sure wouldn't put up a fence.
They aren't required.
  #25   Report Post  
Donna
 
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"Dan" wrote in message
...

has anyone ever thought that the new neighbor should have come over
and offered the guy something for saving him some money? fences can
be expensive. that's what i would have done.


That's why I think he should take down the portion of his own fence. Once
the
neighbor pays to up a replacement, they both will have paid an equal
amount
for that portion of the fence.


But AngryGuy now has god knows how much fence lying in a pile in his lawn,
or in a dumpster. He's still out the money *and* he ****ed off his
neighbor, who, presumably will live next to him for years. How is that
winning, again?

Donna




  #26   Report Post  
Donna
 
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"AllEmailDeletedImmediately" wrote in message
...

has anyone ever thought that the new neighbor should have come over
and offered the guy something for saving him some money? fences can
be expensive. that's what i would have done.


Same here. As the neighbor, I would definitely have asked before hooking
up to the fence, too. But the neighbor isn't posting, just the other guy.
And I don't think this situation warrents anywhere near the drama he seems
to be investing in it. He should shrug it off as a minor annoyance, and be
glad if that is the worst problem he has with his neighbors.

Donna


  #27   Report Post  
Dan
 
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FOM wrote:
I had a fence installed last year. It is three sides that enclose my
backyard. Yesterday, my next door neighbor installed a fence and used
my existing fence to complete enclosing his backyard. He did not ask me
if he could do this, he just had the installers attach his fence to
ours. Now, we are paying for one third of this guy's fence. Is this
legal? What should I do?


Take the shared portion of the fence down and wait him out. Court action
is likely to be unsatisfactory, but you might be able to bluff him into
putting up a replacement segment himself. Then you will have won.

  #28   Report Post  
D. Gerasimatos
 
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In article . com,
bryanska wrote:

The original poster isn't an ass, people.



Yes, he is.


His property is being used by another person. He has lots of cause to
ask questions.



His property is being used in what way?


Dimitri

  #29   Report Post  
bryanska
 
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See my above post, and tell me how you would respond differently to the
"straightforward replies".

Seriously, just write down the first things that pop into your head,
and tell me how they are different from the original poster's replies.

I'll meet you halfway. If the explanation is good, I promise I will
start over and completely reconsider the asshole factor of the original
post - if you promise to write down how you would honestly feel.

As for my second question -

Maybe I'm being naive, but isn't the fence his property? Wouldn't the
attachment of another fence to pre-existing posts constitute "use" by
someone else?

And again, I am all ears - without bias. Let's work on these two
questions by themselves.

  #30   Report Post  
Dan
 
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has anyone ever thought that the new neighbor should have come over
and offered the guy something for saving him some money? fences can
be expensive. that's what i would have done.


That's why I think he should take down the portion of his own fence. Once the
neighbor pays to up a replacement, they both will have paid an equal amount
for that portion of the fence.



  #31   Report Post  
Clark W. Griswold, Jr.
 
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"bryanska" wrote:

The original poster isn't an ass, people.

His property is being used by another person. He has lots of cause to
ask questions.


Unfortunately we don't know anything about the true situation.

Is the OP trolling?
Was the original fence installed inside the OP's property line or on the line
What the law is in the OPs locale?
Why the OP doesn't get along with his neighbor?
Why the OP thinks he might be entitled to reimbursement for a unilateral action
on his part?
Why the OP doesn't think he *owes* his neighbor for encroaching on the neighbors
property (someone owned that land before the neighbor bought it)?

ad infinitum
  #32   Report Post  
G Henslee
 
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FOM wrote:
Dear Dimitri,

You can bite me, too.


Go **** yourself asswipe.
  #33   Report Post  
G Henslee
 
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FOM wrote:
Dear Donna,

Bite me.


You're nothing but a lame-ass troll. FOAD.
  #34   Report Post  
G Henslee
 
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Clark W. Griswold, Jr. wrote:


Is the OP trolling?


Gee what do you think gave that away?

geesh..
  #35   Report Post  
Dan
 
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Donna wrote:


But AngryGuy now has god knows how much fence lying in a pile in his lawn,
or in a dumpster. He's still out the money *and* he ****ed off his
neighbor, who, presumably will live next to him for years. How is that
winning, again?



well I have no idea. But, as far as I can discern what the OP actually
wants out of this situation, it seems to be the course of action most
likely to achieve that end...



  #36   Report Post  
bryanska
 
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Guys, seriously - the only drama I'm seeing is on the replies!

If you look at the words being used, the most inflammatory and snide
comments aren't coming from the OP!

Now - where is the fence? On the line? We need to find that out.

  #37   Report Post  
Kendall P. Bullen
 
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In article RGcGe.13490$x32.6380@trndny09,
"Donna" wrote:

Same here. As the neighbor, I would definitely have asked before hooking
up to the fence, too.


Ditto, but if I didn't actually hook it up (just put it so it went an
inch away) I wouldn't "ask"...why ask for building something on my
property? It's like like the OP asked before putting up a fence on one
side of my property, right? (I mean theoretically, if I were the
neighbor and if, unlike in this situation, I lived there when the first
fence went up.)

And I don't think this situation warrents anywhere near the drama he seems
to be investing in it.


Ditto.

He should shrug it off as a minor annoyance,


I'm trying to figure out (other than in his head) just what the
annoyance is. ;-)

Kendall

--
Kendall P. Bullen http://www.his.com/~kendall/
kendall@---^^^^^^^

Never e-mail me copies of Usenet postings, please.
I do read the groups to which I post!
  #38   Report Post  
Banty
 
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In article . com, FOM says...

Dear Clark,

Kiss my ass.


I'm beginning to learn what the situation here concerning who is the reasonable
neighbor. We have a data point which allows us to narrow the possibilities.

At this point we have only two possibilities:
1. OP is unreasonable, neighbor is reasonable
2. OP is unreasonable, neighbor is unreasonable

...since we now have direct evidence to rule out the other possibilities which
would have OP=reasonable.

Cheers,
Banty

  #39   Report Post  
Banty
 
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In article , Dan says...

Donna wrote:


But AngryGuy now has god knows how much fence lying in a pile in his lawn,
or in a dumpster. He's still out the money *and* he ****ed off his
neighbor, who, presumably will live next to him for years. How is that
winning, again?



well I have no idea. But, as far as I can discern what the OP actually
wants out of this situation, it seems to be the course of action most
likely to achieve that end...


Maybe it's the huge cosmic scorecard that keeps count on who-had-it-over-who and
"I-showed-him".

Banty

  #40   Report Post  
Donna
 
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"Banty" wrote in message
...


Maybe it's the huge cosmic scorecard that keeps count on
who-had-it-over-who and
"I-showed-him".



What goes around comes around. He could get the neighbor to pay for half
of his fence, but I bet karma bites him in the butt later on -- maybe some
kid will come by every weekend and whack off his mailbox with a bat, for
example. :-P

Donna (karmic paybacks are hell)


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