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#1
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Dear Donna,
Bite me. |
#12
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Dear Dimitri,
You can bite me, too. |
#13
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Dear Clark,
Kiss my ass. |
#14
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FOM wrote:
Dear Donna, Bite me. lol. Why not just take yor fence and go home -- Respectfully, CL Gilbert |
#15
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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
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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. |
#17
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#18
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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 |
#20
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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
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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. |
#22
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(bryanska) wrote in
ups.com: The original poster isn't an ass, people. So how do you explain his remarks in response to straightforward followups to his posts? (FOM) wrote in news:1122561185.378074.18540 @g47g2000cwa.googlegroups.com: Dear Clark, Kiss my ass. (FOM) wrote in news:1122561160.161556.214220 @g49g2000cwa.googlegroups.com: Dear Dimitri, You can bite me, too. (FOM) wrote in news:1122561127.366478.310990 @g47g2000cwa.googlegroups.com: Dear Donna, Bite me. -- Bert Hyman | St. Paul, MN | |
#23
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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
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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
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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
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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
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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
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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
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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
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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
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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
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FOM wrote:
Dear Dimitri, You can bite me, too. Go **** yourself asswipe. |
#33
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FOM wrote:
Dear Donna, Bite me. You're nothing but a lame-ass troll. FOAD. |
#34
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Clark W. Griswold, Jr. wrote:
Is the OP trolling? Gee what do you think gave that away? geesh.. |
#35
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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
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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
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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
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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
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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
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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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