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I need advice, neighbor's fence encroachment
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  1. #1
    Senior Member Gator Hokie's Avatar
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    I need advice, neighbor's fence encroachment

    Need advice on what to do because I am planning to build a fence arounr our property. The problem is the neighbor behind me has a fence constructed where the corner of his fence slightly (6" or so) bisects my property line. It doesn't seem like much, If I build a fence in front of it I cede that property.

    I'm not sure I want to do that (even if it isn't a great amount of land, but the encroachment really makes my fence construction more difficult.

    What would you do? Any advice is appreciated.

    I have not spoken to the neighbors yet only because I've decided this encroachment might be a bigger deal than I thought.

  2. #2
    Hokie! ME Hokie 07's Avatar
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    Quote Originally Posted by Gator Hokie View Post
    Need advice on what to do because I am planning to build a fence arounr our property. The problem is the neighbor behind me has a fence constructed where the corner of his fence slightly (6" or so) bisects my property line. It doesn't seem like much, If I build a fence in front of it I cede that property.

    I'm not sure I want to do that (even if it isn't a great amount of land, but the encroachment really makes my fence construction more difficult.

    What would you do? Any advice is appreciated.

    I have not spoken to the neighbors yet only because I've decided this encroachment might be a bigger deal than I thought.
    build your fence around their house, annexing their property
    I like turtles

  3. #3
    USN_Hokie's Avatar
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    Quote Originally Posted by ME Hokie 07 View Post
    build your fence around their house, annexing their property
    Das Czechoslovakia strategy? Ja, das gut.
    Diggety: "oh..i can be stupider..bring it on"

  4. #4
    W&M Hokie's Avatar
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    Quote Originally Posted by ME Hokie 07 View Post
    build your fence around their house, annexing their property
    In fact, build a moat around it. Call it Petoria.
    It's a formidable scent... It stings the nostrils. In a good way.

  5. #5
    hokiedokie1's Avatar
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    Quote Originally Posted by Gator Hokie View Post
    I'm not sure I want to do that (even if it isn't a great amount of land, but the encroachment really makes my fence construction more difficult.

    What would you do? Any advice is appreciated.

    I have not spoken to the neighbors yet only because I've decided this encroachment might be a bigger deal than I thought.
    You could put two posts close to the encroaching post, one on either side, and then build up to but not touch the encroaching post.

  6. #6
    Hokebury's Avatar
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    I would tread very carefully but would talk to your neighbor about it...and tell him what you know and what your plans are. If he's an idiot, then take legal steps to have him move it, or at least send a notice to him certified informing him of the error of his ways.... In MD, if the fence stays there a certain amount of time, than they will never have to move it.....either way, it will be a problem for him if he ever sells his property. Most buyers and lenders would want a location survey and things like this usually pop up as an exception. I wouldn't let it stand, but if you handle it in the right way, it may not be a problem at all, just make sure you preserve your rights and document, when you speak to the guy, date and time and sign it...for future reference if it is ever needed.
    Quote Originally Posted by Gator Hokie View Post
    Need advice on what to do because I am planning to build a fence arounr our property. The problem is the neighbor behind me has a fence constructed where the corner of his fence slightly (6" or so) bisects my property line. It doesn't seem like much, If I build a fence in front of it I cede that property.

    I'm not sure I want to do that (even if it isn't a great amount of land, but the encroachment really makes my fence construction more difficult.

    What would you do? Any advice is appreciated.

    I have not spoken to the neighbors yet only because I've decided this encroachment might be a bigger deal than I thought.

  7. #7

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    In addition, the neighborly thing to do would be to offer to split the cost of having his fence modified such that it no longer encroaches upon your land.

  8. #8
    Senior Member Gator Hokie's Avatar
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    Quote Originally Posted by Beerman View Post
    In addition, the neighborly thing to do would be to offer to split the cost of having his fence modified such that it no longer encroaches upon your land.
    If it was a shared fence I'd agree.

    It's a fence that he built and constructed. He own it completely. I have no rights to it.

    That is the one option I won't do. I'd rather give up the land rather than do that.

  9. #9
    Hokie!
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    Quote Originally Posted by Gator Hokie View Post
    If it was a shared fence I'd agree.

    It's a fence that he built and constructed. He own it completely. I have no rights to it.

    That is the one option I won't do. I'd rather give up the land rather than do that.
    If it is on your land, you have all rights to it.
    I will never understand people.
    They're the worst!

  10. #10

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    Quote Originally Posted by 48zip View Post
    If it is on your land, you have all rights to it.
    Agree with this. Not sure how long the fence has been there but there is the deal with someone using your land for a given number of years without permission and it becoming theirs. I do not know the exact state law on adverse possession but your action should be determined by how important it is to you to straighten this out on a permanent basis. Our neighbor poured concrete over our property line while we were out of town a few years ago. I wish I'd gotten a lawyer right then and there (for a number of reasons).

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