Shared fences and eminent domain

[007]

Originally Posted by Randallflagg

When we moved into our house (brand new) - the proximity to the other neighbors house was about 12 feet (more or less). I decided to put up a vinyl fence in our back yard. I hired a survey company to come out and determine the EXACT property lines. They did and we put up the fence.

The neighbors were livid. They were CERTAIN that we had violated their property line so they brought out their own surveyors. Unfortunately, they were not happy. The problem was that where our fence started - left them about 2 feet to attempt to manuever a law mower through.

So, they had to go on the other side of their house to get through.

Point? Bring out a surveyor and let HIM determine (legally) where the property line is.

We know where it is because it was surveyed before we purchased. Plus our gas meter is in their yard. Well one of the yards. I not looking to get legal, rather just to figure out how to deal with the situation civilly.

[Tombstone RJ]

Originally Posted by 007

We know where it is because it was surveyed before we purchased. Plus our gas meter is in their yard. Well one of the yards. I not looking to get legal, rather just to figure out how to deal with the situation civilly.

You're out of luck. You bought the property knowing the fence was not on the property line. I'm sorry, but you are kind of screwed, and your neighbors know it.

[Randallflagg]

Originally Posted by 007

We know where it is because it was surveyed before we purchased. Plus our gas meter is in their yard. Well one of the yards. I not looking to get legal, rather just to figure out how to deal with the situation civilly.

There is no way that it will remain "civil" that much is for sure. As I said in my post - we bought into a brand new neighborhood in Olathe, KS. It pissed the neighbors off to high heaven because rather than the line being "split down the middle - we actually had a couple of feet more than they thought.

That's why when we put the fence up - they were sure that we had gone too far on "their side". The fence company actually went 3 inches INSIDE our boundary in order to NOT overlap onto their property.

The best way (I believe) to possibly rectify this situation is to have your property surveyed and then approach the neighbors in a "friendly" manner and say "Hey! Were you guys aware that your fence is actually on MY property" - keep it friendly (or as friendly as possible) and see if they might not want an equitable solution to the "problem" Which - you might offer to "forget about it" if they would cut their bushes (weeds) back across the fence..

Who knows? Might work....and then again..... Which might inevitably end up with