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Neighbor Fence Issue

6,417 Views | 44 Replies | Last: 4 yr ago by BlueHeeler
Billy Baroo
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11:45a, 12/1/21
AG
Posted this on Home Improvement, but figured this board might have some insight as well since it's real estate related...

Looking for some ideas/advice on what do to about an issue with our back neighbors. We back up to about four acres with about a 120 feet of fence line between our two properties. Those neighbors have a chain link fence on the backside of their property and the builder of our home decided at the time to put up a wood fence about a foot away from that chain link fence. As you can imagine, there are weeds, brush, along with a few tallow trees that have grown between that chain link fence and our wooden fence that are destroying our fence.

It's now time to replace our fence, but I don't want to just put up another wooden fence in the same spot to have it just be destroyed again. We wrote a nice letter to the people that own the property behind us asking if it would be okay if we removed their chain link fence (which is pretty damaged itself) and replaced it with a new wooden or wrought iron fence (so that there would only be one fence), clear a space the width of a lawnmower behind the fence, and maintain it going forward (all of this would be at no cost to them).

They replied to our letter with an angry letter saying that when they moved here 20 years ago, they were promised that no one would build behind them, they're upset they no longer have privacy, blah, blah, blah and that we are not to remove their chain link fence or come on their property at all. I don't know that these people have come within 100 yards of this fence in that 20 years, so some of the brush/tallow trees are on their side of the chain link fence, right up against it, pushing it out as well.

At this point, I'm sort of at a loss on what to do about it or if there's anything I can do, other than either take down our fence, clear the gap between the two fences, and spray herbicide down in the gap a couple times a year or just take our fence down, clear up to the chain link fence and plant some shrubs or something to make it look better. Not sure if there's anything legally that could be done to make them maintain the area up against their side of the fence to prevent it being damaged, but I'm guessing there's not.

Hope all that was all coherent. Here's a pic of part of the fence line for a visual of what I'm talking about...



Any suggestions or advice would be greatly appreciated.
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PrestigeWorldwideAg12
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11:48a, 12/1/21
Spray their brush and have it all killed and replace your fence... Move on as if it miraculously just "died"
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Billy Baroo
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In reply to PrestigeWorldwideAg12 • 11:55a, 12/1/21
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Don't think that thought didn't cross my mind. These people are clearly ********, though, so would probably sue me for killing their precious tallow trees (although what could damages be in that case, maybe 10 cents?).
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PrestigeWorldwideAg12
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In reply to Billy Baroo • 12:42p, 12/1/21
Billy Baroo said:
Don't think that thought didn't cross my mind. These people are clearly ********, though, so would probably sue me for killing their precious tallow trees (although what could damages be in that case, maybe 10 cents?).
ORRRR, it just could have died naturally as they clearly don't visit that area often and would likely not catch it time to find out or see it die.
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Aggie71013
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4:09p, 12/1/21
AG
Where is the property line? If the weeds and tallow are on your side, kill them. If not, leave them be.
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CS78
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5:06p, 12/1/21
Where is the property line? Legally you really can't do anything on their side of it. You can trim the limbs where they cross over to your property.

Maybe worth trying to speak to them in person? But don't be surprised if you get a tongue lashing.
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cjsag94
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6:47p, 12/1/21
AG
I'd take down your privacy fence, leaving only their chain link fence. Set up some of those super bright LED lights to illuminate their beautiful acreage for you to enjoy dining in your speedo on your patio... Maybe set up an awesome sound system to share your favorite music with them as well!
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SteveBott
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10:53p, 12/1/21
AG
First I would get a new survey. I want to know EXACTLY where my property line is. To the inch. About 450.

Then I would rebuild my fence on that legal document results. IF that captures the unmanaged space cut or kill what you want. If their fence is on your property tear it down. If not leave it.

You have power lines along the property so file a request with the power company to trim the trees. Doubt they will now but at some point they could. Make sure you're there to tell the crew to clear cut as much as possible.
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Billy Baroo
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8:55a, 12/2/21
AG
Appreciate all the responses. I think the next step is to get the new survey done and figure out where to go from there.

Quote:
I'd take down your privacy fence, leaving only their chain link fence. Set up some of those super bright LED lights to illuminate their beautiful acreage for you to enjoy dining in your speedo on your patio... Maybe set up an awesome sound system to share your favorite music with them as well!
Not a bad idea! I bet they'd love it if I shared the Cocomelon nursery rhymes my kids listen to on repeat!
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Bitter Old Man
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In reply to cjsag94 • 10:49a, 12/2/21
AG
cjsag94 said:
I'd take down your privacy fence, leaving only their chain link fence. Set up some of those super bright LED lights to illuminate their beautiful acreage for you to enjoy dining in your speedo on your patio... Maybe set up an awesome sound system to share your favorite music with them as well!
Should probably have a BBQ to commemorate the occasion....
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combat wombat™
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11:24a, 12/2/21
AG
Get a survey and then build your fence a few feet further onto your own property line (leaving a bit of your property on the other side of the fence), make sure you include a gate so that you can access YOUR property without going onto their property. Then you can mow the space that is on the other side of your fence but still on your own property. Go scorched earth, too, and cut every limb and leaf of their trees that hang over the property line.

You could even leave the old fence in place to demarcate your property so that they don't try to encroach onto your property.
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normaleagle05
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In reply to SteveBott • 1:59p, 12/2/21
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SteveBott said:
First I would get a new survey. I want to know EXACTLY where my property line is. To the inch. About 450.

Then I would rebuild my fence on that legal document results. IF that captures the unmanaged space cut or kill what you want. If their fence is on your property tear it down. If not leave it.

You have power lines along the property so file a request with the power company to trim the trees. Doubt they will now but at some point they could. Make sure you're there to tell the crew to clear cut as much as possible.

A $450 residential platted lot survey isn't gonna tell you much about the location of a property line on the outer boundary of the plat. The guys running shops selling those surveys are selling access to their liability insurance to banks, not professional services to land owners.
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Texker
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In reply to combat wombat™ • 7:35p, 12/2/21
AG
combat wombat said:
Get a survey and then build your fence a few feet further onto your own property line (leaving a bit of your property on the other side of the fence), make sure you include a gate so that you can access YOUR property without going onto their property. Then you can mow the space that is on the other side of your fence but still on your own property. Go scorched earth, too, and cut every limb and leaf of their trees that hang over the property line.

You could even leave the old fence in place to demarcate your property so that they don't try to encroach onto your property.
Except for random midnight sprayings of Roundup on the neighbor's property this is a great solution.
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p_bubel
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8:14p, 12/2/21
I'd probably just take down the privacy fence and trim up the chain link a bit and move on. Doesn't look like there's a need for a privacy fence from your side to begin with.

If you have a dog and the chain link is falling down that's different.
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SnowboardAg
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9:53p, 12/2/21
AG
I would try to get to know your neighbor. Maybe propose a new chain link fence between you both and see how they would feel about that. If unreasonable, then move on how you want.
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combat wombat™
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In reply to SnowboardAg • 10:46p, 12/2/21
AG
SnowboardAg said:
I would try to get to know your neighbor. Maybe propose a new chain link fence between you both and see how they would feel about that. If unreasonable, then move on how you want.
After the letter they sent, it seems unlikely the neighbor cares to get to know them. The neighbor is angry at them over something they likely had no control over.
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SteveBott
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In reply to combat wombat™ • 10:56p, 12/2/21
AG
Yep exactly. Time to go legal but not pay legal. I won't argue a surveyors competency but it is a legal document. Pay for the quality you choose but do it. Then you have legal options from there
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Billy Baroo
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8:31a, 12/3/21
AG
Quote:
Quote:
SnowboardAg said:
I would try to get to know your neighbor. Maybe propose a new chain link fence between you both and see how they would feel about that. If unreasonable, then move on how you want.
After the letter they sent, it seems unlikely the neighbor cares to get to know them. The neighbor is angry at them over something they likely had no control over.
Thanks everyone. Yep, no desire to really get to know these people after their letter back. They mentioned in it that they used to enjoy riding their horses on the undeveloped land where my house is and then ranted about how kids have been caught fishing in their lake since the land was developed (not mine since they're six and three). I guess the hypocrisy of that is lost on them.
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cjsag94
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8:53a, 12/3/21
AG
These people sound like absolute morons.. They bought 4 acres and believed a promise the owners of all this land around them would just hold it in perpetuity for their use, pleasure, and tranquility? Brilliant folks!

I'd be curious if they have liability for lack of maintenance on their side of the fenceline damaging your property (fence). If so, I might hire an attorney to draft a letter stating such liability and offering a hold harmless by you. In return, t would grant you (or your agent) permission to reasonably access their property whenever needed to eradicate the fenceline vegetation, and otherwise build it maintain your fenceline. If they decline that offer, make them aware they will be liable for the damage (and maybe even already are).

You are dealing with unreasonable people here. So is be very cautious of damaging anything on their property (including weeds and tallows) or they could argue the same liability against you. And technically, they've said you can't stand over their property line to even build the fence.

These people need a healthy dose of karma.
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cjsag94
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8:56a, 12/3/21
AG
Also, as stated above.. those power lines are probably an solution. Contact utility companies and send pictures of all of those trees growing into them.
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Billy Baroo
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In reply to cjsag94 • 9:08a, 12/3/21
AG
The power company has come out a couple times in the three years we've lived here and they do they absolute minimum to get the tree branches away from the power lines, randomly hacking away limbs or just cutting tallow trees in half leaving half a trunk, which makes it look way worse. Might be worth a call to them, though, to see if they could actually clear the easement and save themselves from having to come out every year or two. Thanks for the suggestion.
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Chipotlemonger
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9:54a, 12/3/21
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I absolutely love these property boundary threads on this board. They are the best. Keep us updated OP!
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XpressAg09
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12:31p, 12/3/21
AG
This thread has been added to your watchlist.
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CS78
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In reply to Billy Baroo • 2:02p, 12/3/21
Quote:
....horses


There's your problem right there, see!
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SnowboardAg
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8:24p, 12/3/21
AG
It's easy to sound tough on a letter or behind a keyboard. "Most" people if you make effort and show some kindness, can be reasonable and approachable - going legal or acting like you're going legal is only escalating something that could be resolved over coffee. Last home I sold, the buyers agent tried hard to be aggressive, and almost killed the deal. I reached out to the buyer, had a very reasonable discussion (non confrontational and friendly) and we were able to close the deal. Get to know the neighbor IMO.
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histag10
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In reply to Billy Baroo • 8:34p, 12/3/21
AG
Billy Baroo said:
Quote:
Quote:
SnowboardAg said:
I would try to get to know your neighbor. Maybe propose a new chain link fence between you both and see how they would feel about that. If unreasonable, then move on how you want.
After the letter they sent, it seems unlikely the neighbor cares to get to know them. The neighbor is angry at them over something they likely had no control over.
Thanks everyone. Yep, no desire to really get to know these people after their letter back. They mentioned in it that they used to enjoy riding their horses on the undeveloped land where my house is and then ranted about how kids have been caught fishing in their lake since the land was developed (not mine since they're six and three). I guess the hypocrisy of that is lost on them.


So they wrote you a letter talking about how they used to enjoy trespassing on what is now your property? Am I understanding that right?
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htownag10
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4:49p, 12/4/21
AG
Depending on your budget there a few things.

Get a proper survey so you know where the fence line is. If you can afford it build a vinyl fence since it'll give your privacy and last forever. I've been helping with fence sales for my friend's company over the past year and this is what I've learned. Fences expose good neighbor and shi**y neighbors real quick.
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histag10
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In reply to htownag10 • 4:52p, 12/4/21
AG
htownag10 said:
Depending on your budget there a few things.

Get a proper survey so you know where the fence line is. If you can afford it build a vinyl fence since it'll give your privacy and last forever. I've been helping with fence sales for my friend's company over the past year and this is what I've learned. Fences expose good neighbor and shi**y neighbors real quick.


I don't think he will need a survey to know where the fence line is. He might to know where the property line is, but it seems the fence line is pretty visible
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htownag10
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In reply to histag10 • 5:01p, 12/4/21
AG
That chainlink fence might not be in the right place. I'm in the process of getting permits for a project in houston and low and behold the fences cross property lines.
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histag10
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In reply to htownag10 • 8:00p, 12/4/21
AG
My point is that the fence line and property lines are different things. They may be in the same location, or they may not.
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SteveBott
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In reply to histag10 • 8:27p, 12/4/21
AG
That was my point in my first post. The whole issue could go away if the property line includes both fences. Not likely but worth the cost
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normaleagle05
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In reply to histag10 • 9:04p, 12/4/21
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histag10 said:
My point is that the fence line and property lines are different things. They may be in the same location, or they may not.

2D things and 3D things can't be in the same location. They don't even agree on what constitutes a "location".
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cevans_40
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9:40p, 12/4/21
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Drill small holes around the base of those trees and fill them with Roundup+2,4-d and those trees will die a slow death.
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texAZtea
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In reply to cevans_40 • 5:51p, 12/5/21
AG
Why drill holes?

Remedy and diesel on the bottom 12 inches of the trunks and they'll die in a year.

"Oh darn, I guess the freeze finally got them!"
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Ol_Ag_02
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7:05p, 12/5/21
AG
Am I confused here. Why should I be mad at the neighbor that doesnt want anyone to tear down his chain link fence, regardless of condition, or go on his property on a regular basis to mow a strip of grass?

I probably wouldn't care but it's his property. The crap about them hoping no one ever built on the adjoining land is stupid but not really relevant to the fence.
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