Propery line and fence

[IrTxRx]

I am finishing a fencing project and one portion of the property line is on a very steep slope (i.e. you can't stand on the property line). I would like to fence on my neighbors' property about 10 feet deep for about 75 feet (out of a 1000' run). I am paying for all the fencing and surveying, my neighbor is not interested in sharing any of the cost.
Also, this is on a piece that i would like to buy in a few years if it is still available.

i should also inform the TBN crowd that are previous dealings have been cordial, but definitely not pleasant.

Suggestions for how to broach this subject?

Can i lease the land that I fence in from them (I wouldn't mind buying an extra acre or so right, now, but am not interested in all the fees and paperwork)?

anyone out there has similar fencing issues?

Thanks

 

[riptides]

I have nothing to offer you, but there was some wicked law here in a county of VA that allowed a fence cost to be shared by the neighboors.

The story was some person moved into a rural area and fenced his property. He then went to all adjacent owners and handed them a portion of the bill.

You may want to check your books and records on this.

Any easements you can tag off of? utility? sewer? You mentioned purchasing outright? Did you make a formal offer? Listing all the bad things about why they should sell it to you?

Good luck.
-Mike Z. /forums/images/graemlins/grin.gif

 

[IrTxRx]

Any idea what department might know what the law is, county clerk, local real estate lawyer (there aren't any), abstract office???

Thanks

 

[cowboydoc]

Fence disputes are pretty common and often not pleasant. Iowa has a fence law that you stand at the middle of the property line and you do to the left and your neighbor does to the right. If they don't put up their fence, to county standards, you can do it and bill them for it.

As far as how to handle it I would just build on the line no matter what it took.

 

[jinman]

I would suggest a lease agreement on the property. By the time you survey and plat that little sliver you'll pay for many years of lease. If you lease the property and fence it, you should be prepared for the fence to become your neighbor's property at the end of the lease if you don't specify in detail what will happen when the lease expires.

I'm no lawyer, but I think if your neighbor doesn't want the fence on his property, you'll have to figure some way of keeping it on your property, slope or no slope.

All the people at the county clerk's office will be able to do is to point you to the recorded property. It will take a lawyer with real estate experience to advise you on details. I'm pretty sure an informal written lease agreement could be more cost effective than dealing with a lawyer or trying to purchase the property.

Good luck. /forums/images/graemlins/smile.gif

 

[Gary_in_Indiana]

Is there any chance you could buy just the 750 square feet from this neighbor? I can't imagine it costing that much even if you have to pay double or triple the market price for acreage there. I know no one likes to knowingly pay too much for something, but, if it's something that'll make your entire effort look right, it might be worth it to you.

Good luck with this. I hope it works our for you. /forums/images/graemlins/smile.gif

 

[BillyP]

I'd suggest you buy it now and be done with it. The only other way I'd fence someone else's property is to have it leased. Since you're only talking about 75', it wouldn't matter if it was even a short term lease. Lease in writing, of course...you never know these days.

 

[IrTxRx]

Yeah, I would like to buy the small amount needed, but by the time you get title, legal/abstract fees, recorded survey it gets a little cost prohibitive to buy land by the square foot. I would like to lease, if possible, but have never heard of that being done for such a small piece of property???

 

[Lazy]

Hi
If the property is so steep you can't stand on it it can't be used for anything so why not just fence on your side of the line where you can stand. seems to me that would be the best way to save a bunch of money and maybe keep from having trouble with the neighbor. how much property would you have on the other side of the fence if you didn't fence on the neighbors property? some of our property is like that.

Charlie

 

[BillG_in_TX]

IrTxRx,

I have a self-drawn lease agreement with my neighbor for about 6000 sf for an orchard. I sent you a PM about it.