Fence (sry is long)

**julieb** · 05-03-2007, 09:04 AM

Well here is another fence story....lol. My neighbors want to put up a privacy fence. We have absolutely no objections to their having a privacy fence because they do have five dogs that they let run off lead. These dogs come in our yard and 'relieve' themselves and it gets to be a big hassle.

The nieghbors cut down three trees between our properties and most of our shade is now gone. We didn't object to that either despite the fact they did not clean up the mess that was left on our property. Their is one tree left that provide us with shade in the morning.

The neighbors came over and discussed with us where this fence would be and we were very cordial with them and asked where the property line is. We had thought is was at the top of the hill and they seem to think it is in the middle of the hill where they want to put the fence. If it is in the middle of the hill it wipes out my flower bed.

My husband and I went to the city assessor's office and inquired as to how we find out where the property line is. They gave us a map and mentioned that metal stacks are placed in the back of the property and they are usually by the telephone poles. There is no way to know for certain unless a surveyor surveys and finds it, but the metal stakes and poles will give us a general idea give or take a foot.

We measured by the metal stakes and the property line is at the top of the hill and the one tree left is on our property. It is not only on our property but one of the trees they cut down was on our property. We would have never cut that tree down, due to arthritis medication I take I am hypersensitive to the sun and I break out in hives. I also donot want the other tree cut down, the small amount of shade we have left give me some protection in the morning when I garden.

I discussed this with the neighbors and they got errrrrrrrr nasty. They are asking that we pay for the tree they cut down because "it was on our property" and that the one remaining tree that over hangs on their property as well as ours, they want it cut down, "those branches interfere with our 6 foot privacy fence".

Now we have bent over backwards to be kind to these neighbors but frankly I have had about enough of these demands. We cannot afford to have this tree cut down. Their is nothing wrong with this tree, it is not a safety hazard at all and is actually a really healthy tree. We also don't feel we should have to pay for the other tree we didn't want to be cut down in the first place.

For the life of me, I cannot understand why these two woman (neighbors) would buy the fencing supplies and pay to have trees cutdown without knowing for certain where the property line is.

Am I the only one who thinks this whole thing is crazy?? I really don't know what to do now. There seems to be alot of fence experience on these boards, can any of you give me some advice??

Thank you

**YankeeMom** · 05-03-2007, 09:12 AM

Oh my, they definitely do not have their act together do they? I'm surprised the tree people cut down the tree without surveying or at the very least checking with the codes/assessor's office to see where the property line was.

My best advice would be to call the codes office to find out what your rights are as a tax payer and also to find out what you can do about the fence that they want to put across your property.

Around here, the fence has to be put inside the property line at least 6 inches. They also can't cut down any trees that are near power lines or streets/rights of way (sidewalks).

**Tracy** · 05-03-2007, 09:12 AM

I also think it is a little odd that they would not check where the property lines were, before they started any work. I would just politely let them know where the stakes are for the property lines and give them a copy of the map. Then you will just have to take it from there on what the response from them is.

**FrugalMomof3** · 05-03-2007, 09:13 AM

I personally would not pay for a thing, technically they should pay you for cutting down a tree that was in your yard without your permission. 2ndly, they took it upon THEMSELVES to cut the tree down, so they foot the bill, end of story.

3rdly, do not cut anything down without calling the city first and ask them about if you are required to cut branches that lean into a neighbors yard, they can give you the exact answer.

If you feel maybe you should cut down some branches so be it but DO NOT cut the tree down, since it's on your property you do with the tree as you want and not what the neighbors want.

Best of luck and let us know how things turn out

**tigo** · 05-03-2007, 09:15 AM

They need to understand they removed a tree that was your property- you could ask them to pay the replacement price to have another one put in. You could also point out that they traspassed when they illegally removed your property (tree) in most states this is called Theft. Then there is the matter of "failure to remove debris" from the previously mentioned theft of your tree. You could hand them an itemized bill for the estimated cost of debris removal, tree replacement and any other incidental damage to your lawn (did they leave tracks or divits in your lawn from equipment when they cut the tree down? Add that repair/replacement cost). You seem to have been more than fair with them, but if they start being goobers about things, point out the legal lines they have crossed and let them know what their actions could mean to them financially if you decide to pursue it legally. Hopefully when they see they cant bully you they will back off.

**Lady_V** · 05-03-2007, 09:53 AM

I feel for you... my ex-fil (aka HIM or Satan... another story there) anyways, he is going through the same thing right now, but on the other side...

50 years ago a chicken-wire type fence was put up on the 'property line'. It was rusty, broken, falling over, a real eye sore and health hazard. x-FIL wen to the neighbor and asked if he would mind if he (x) replaced that fence with something a little safer since they just put in a pool and he didn't want to put up a high fence and have a 6 inch gap between the fences...

Neighbor said "go for it", he had no problem. All winter the fence was on hold and then spring, (x) even double checked with neighbor.. new fence went up...it's beautiful...

NOW... neighbor says... it's on his property. (x) checked with town hall, apparently his property assesment when he bought the property was wrong, THE ASSESSORS ASSUMED that the property inside the fenced area belonged to (x) and, the neighbor dug out an old OLD deed showing the fence and 3 inches past it is his. So... (x) offered to pay for the land. Even offered to pay the portion of the taxes on that land 4 years retro (when he bought the property)

No deal. He wants the fence down. So, (x) told him to mediation because if they had a legal battle, the neighbors would lose and (x) has a damn near endless supply of funds, and a string of lawyers on retainers as well as a lot of pro-bono because they are his clients --(x) is a stock broker)

You would think that is the end of the story... but... there is yet ANOTHER fence and ANOTHER neighbor...

Now on the front yard, there is a stone wall that was falling over due to age, so (x) checked with the OTHER neighbor about the stone wall, 'a sure, go for it' and oddly enough when big fence neighbor got grumpy, stone wall neighbor got grumpy and says he doesn't want to look at the stone wall anymore.

I can understand if there was NO existing fences or walls at all. These things are safety hazards, otherwise my skin-flint-cheaper-than-Scrooge x-fil sure as hell wouldnt be paying for it to get done.

Eh... maybe stone wall neighbor will hate the stone wall enough to want to sell... I like that house... and... rumor has it... (x) wants to help me buy a house... but... do I want to live next to Satan????

**julieb** · 05-03-2007, 10:20 AM

Well we don't want to fight with the neighbors and for the most part they have been good neighbors and we have enjoyed them. We are trying to be very cooperative. They are the ones getting a bit nasty. I think this whole fence thing is getting alot more expensive then they had planned. We do want them to have their fence, just not on our property.

They had told us that the property was surveyed when they bought the house three years ago, but they are unable to produce this survey. Then they told us that they would have it surveyed again. We informed them we would not be paying for this. It is just a mess, a mess that could have been avoided really. They are also in a dispute with the neighbors above them about a retaining wall that is falling down. They are arguing about whose wall it is and who will pay to have it taken down. (I just found this out from those neighbors) No wonder they want the property line closer to our house then they are not responsible for the wall up above. Geeeeeeeeeshhhhh...this is just nuts.

**PB&J** · 05-03-2007, 10:57 AM

I'd just tell them, not paying you for anything, too bad, so sad. Tell them go ahead and put up a fence, but if they put it on your property you have the legal right to remove it.

**Cricketlegs** · 05-03-2007, 11:31 AM

Rmember, if that fence gets pit on your land and you go to sell you will have one HECK of a mess.

Get the fence on the line!

**justpeachy92** · 05-03-2007, 12:05 PM

I understand you not wanting to get nasty, but honestly at this point in time I would. The tree the removed from your property lowers the value of your house. When dh and I were first married he was in a car accident, other then damage to our car he caused damage to a tree in someones front yard, we had to pay the owner of that tree $6000.

**julieb** · 05-03-2007, 12:11 PM

I didn't realise that removing that tree would lower the value of our home. We did plan on selling this home and moving eventually. Dangit why does other peoples stupidity have to cost us? Ok now I am getting mad.....lol.

**Dancing Lotus** · 05-03-2007, 12:28 PM

Originally Posted by tigo

They need to understand they removed a tree that was your property- you could ask them to pay the replacement price to have another one put in. You could also point out that they traspassed when they illegally removed your property (tree) in most states this is called Theft. Then there is the matter of "failure to remove debris" from the previously mentioned theft of your tree. You could hand them an itemized bill for the estimated cost of debris removal, tree replacement and any other incidental damage to your lawn (did they leave tracks or divits in your lawn from equipment when they cut the tree down? Add that repair/replacement cost). You seem to have been more than fair with them, but if they start being goobers about things, point out the legal lines they have crossed and let them know what their actions could mean to them financially if you decide to pursue it legally. Hopefully when they see they cant bully you they will back off.

I totaly agree. But to be honest you did let them cut down the tree. I wouldnt have let them cut down a darn thing befor I knew the details.

**YankeeMom** · 05-03-2007, 02:09 PM

Originally Posted by julieb

They had told us that the property was surveyed when they bought the house three years ago, but they are unable to produce this survey. Then they told us that they would have it surveyed again.

If a survey was indeed done, the city/town you live in should have a copy of it on record. That is how we were able to determine where our property lines are...with the city's copy of a survey done in 1995.

**Cricket1** · 05-03-2007, 02:19 PM

OHHHH!!! Ohhhh!!! Another fence story. Let me pop some popcorn! Can you send pics?!?? LOL!

**julieb** · 05-03-2007, 03:12 PM

I totaly agree. But to be honest you did let them cut down the tree. I wouldnt have let them cut down a darn thing befor I knew the details.
We came home and the trees were gone, we had no previous knowledge of any tree cutting. We didn't complain right after the trees were cut down, we just cleaned up the mess on our side. We didn't say anything to them until we found out where are property line was. They never told us anything until they mentioned where the fence was to go. How did we let them let down the tree?