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05-18-2018, 08:16 PM | #1 |
Can these boys not play?
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Yeah, definitely take down that fence.. it isn't helping, and it is on your property. That seems like a good first step.. then mow it all down.. then build a new fence next year.
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05-18-2018, 08:18 PM | #2 |
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You might be able to tear the current fence down, but I'd consult a lawyer first.
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05-18-2018, 08:20 PM | #3 |
umm...what do I say here?
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Would get it surveyed and proceed with putting a new fence up. More than likely they won't do anything once you give them a copy of the survey. Are they going to sue you? Probably not and probably won't contest it once you explain it to them. Have it surveyed while they are home so when they ask questions you and they know what's up. Or get some tordon from your local coop and cut them and spay the crap with them....tordon kills about everything long as you get it on a fresh cut stem or trunk. Just a few drops normally does it but has to be freshly cut off so it soaks in the roots.
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05-18-2018, 08:22 PM | #4 | |
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Quote:
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05-18-2018, 08:25 PM | #5 |
Shaken. Not stirred.
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I never said that. I didn't have it surveyed. I only saw a copy of a survey when we purchased.
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05-18-2018, 08:32 PM | #6 | |
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Don't do tear stuff down first. That's when people go to court and they only people who come out on top are the lawyers. Get your property surveyed, and then consult the survey company about your options. They may be able to lead you in the right direction. They may tell you the same thing I've already told you too. Land survey companies tend to deal with these types of issues, it's part of their job, because you ain't the only person with this type of problem.
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05-18-2018, 08:43 PM | #7 |
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Not necessarily. Depends most likely on if there is a city or county ordinance. Generally, if a fence is wholly on his property, he is free to tear it down. You, again generally, only end up in situations like you speak of if the fence resides directly on the property line, known as a partition fence.
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05-18-2018, 08:54 PM | #8 | |
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05-18-2018, 09:15 PM | #9 | |
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There certainly is a lot of merit to your claim about how long the fence has been there. Over 10 years is normal to establish a boundary. I'm not sure if he would have any testimony from the previous owners over who maintained the 5 feet of property on the other side of the fence for all of the years he didn't own it. If he's been there 14 years and hasn't ever maintained it but instead allowed the adjacent owners to maintain it, then he's most likely going to lose a property line dispute should it arise. The big thing is, do the neighbors know the property line exists on the other side of the fence; do they try to claim that 5 feet as their own; and do they have any problem with removal of the fence or maintenance of his 5 feet of property on the other side? I'd certainly try the avenue of saying to them "hey, I'm going to go on the other side of the fence here and maintain my 5 feet of property because the growth is getting out of hand and I can't trim it from this side, can you make sure you don't have anything like a garden hose lying close to the line that i'd hit with my trimmer?" See how that flows... If they say "hey that's my property..." well you'll know the position they are taking. |
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