Propery line and fence

[sweettractors]

I bet the reason he is not enthused about the fencing project, is that he probably knows if it comes "right down to it" ? He is going to pay for 1/2 of any fence that is built. He has been there long enough to be a step ahead of you on what is standard practice in the county/state etc.--If you cant buy? I would run the fence on the line and send him a bill for 1/2---Ken Sweet
Sweet Farm Equipment LLC *New Hydraulic Post Drivers and New 3 Point Diggers in Stock*

 

[Lazy]

Hi
I don't believe you can force a neighbor to pay for half a fence they don't want. if someone sent me a bill like that I would then tear the fence down and send them a bill for half the cost of tearing it down. Sounds like a good way to start a range war with someone getting shot or hurt real bad.

charlie

 

[IrTxRx]

Believe me, if I were my neighbor, i would be saying, " your willing to fence a little on my side, but not a little on your side???" there are always two side to every story/fence. My dislike with fencing on my side is that I will have to fence down this slope, probably across the creek and back, and up the slope to the correct boundary line. Unfortunately, that tactic will put a fence through one of the prettiest spots on my creek and cost me two more water gaps.

Simply put, it would be really difficult and costly. If the roles were reversed, I would gladly let my neighbor "encroach" a little.

 

[Gary_in_Indiana]

<font color="blue"> "have never heard of that being done for such a small piece of property???" </font>

Sure! There are actually pieces smaller than that involved. Would you believe on parking spaces??? Some of those (especially in large metropolitan areas like NYC) are leased, co-op'ed or even sold outright with arrangements for common areas for ingress and egree. I'd still rather see you buy it now, though.

The survey and abstract update and/or title insurance if that's used in your area normally fall on the seller's side as does half of the closing fee. I'm sure the seller will want enough to cover those things, but so what? Just step up to the plate and approach the guy and tell him what you'd like and why. The worst that can happen is that he will say no and then you're no worse off than you are today.

If you had a survey done and that property line (current line) is part of it then that same survey co. should be able to do this one pretty reasonably. If his property is currently mortgaged you'll have to get a release from his mortgagee in order for him to pass good and marketable title to you.

It sounds like you might be just a bit reluctant to talk with this neighbor based on some history. If you have to swallow some pride to get what you want, so what? You'll have the property you want and a fence where you'd like it. Isn't that more important, anyhow? /forums/images/graemlins/smile.gif

Good luck with whatever you decide to do. I hope this helps. /forums/images/graemlins/smile.gif

 

[IrTxRx]

<font color="blue"> It sounds like you might be just a bit reluctant to talk with this neighbor based on some history. If you have to swallow some pride to get what you want, so what? You'll have the property you want and a fence where you'd like it. Isn't that more important, anyhow?
</font>


Pride is might tough pill to swallow /forums/images/graemlins/frown.gif isn't it

In retrospect, i must say you could really admire the negotiating abilities of this individual. if they realized there was any potential weakness or area for gain in our previous dealings, they went the whole 10 yards. I understand it, just not the person i am or want to be. offer me a fair deal and I will meet you at least half way if not better.

I'll keep the board posted on how this turns out

Yahoo, I figured out how to post quotes in color /forums/images/graemlins/grin.gif

 

[riptides]

" Better living through chemistry "

Are you related to DuPont or Dow chemical? /forums/images/graemlins/grin.gif
Which one was it?

-Mike Z.

Keep us posted on the fence. You know some people just need a little nudge. Good luck.

 

[Boiler74]

</font><font color="blue" class="small">( 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.
)</font>

Around here, after five or ten years, I can't remember which, the fence becomes the property line in some cases. So if you put it a little on your side, depending on your laws, you might be giving up some land. My father is an attorney, and has talked about that in some of our land dealings. We share a properrty line with Purdue University, and even though our line isn't exactly on the fence line, the fence line is now the line because it has been there soo many years. So you should check with your laws regarding this before you decide to put the fence inside your property line.

J.

 

[BillG_in_TX]

Ian,

Speaking of negotiations, when we bought our property we knew that the asking price was very reasonable, but we thought that offering 5% less would be a good initial offer. /forums/images/graemlins/wink.gif

The seller countered at 5% above his asking price. /forums/images/graemlins/shocked.gif After a few minutes reflection, we came back with his original asking price plus $50 /forums/images/graemlins/blush.gif, and he accepted. /forums/images/graemlins/grin.gif

We've been on good terms since - and he's still my neighbor.

 

[wroughtn_harv]

/forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gifBill it sounds like you must have one of my friends for a neighbor. /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif Most of my buds have that kind of attitude. There's the price and there's the highway, your choice. You just have to love a country boy. /forums/images/graemlins/smirk.gif

A couple of points.

One, I was asked to join in so it's not me being a know it all about one of the subjects very dear to my heart. /forums/images/graemlins/blush.gif

Two, I have to wonder about the paying half the price of a fence deal. That sounds a lot like urban legend stuff to me. Here's the reason. Let's say you have me put in a fence and I charge you fifteen dollars a foot. You give the neighbor the bill and demand half the cost of the common footage.

I don't think you'd have a leg to stand on. First there's the difference in what one owner might consider a fence versus what the other one believes a fence should be. The neighbor could in this case get written estimates from some of my competitors describing a similar fence for half to two thirds of my price. And would it be fair to charge him for a good fence when he'd be happy with what a good fence might look like if one has no taste and or knowledge of fencing? And what if he thinks a hot wire would have worked just as well? I just can't see where it would be something that an attorney could have a field day with.

The only time I will put a fence on the line is when both parties are paying for the fence. Otherwise I come in two to six inches on the paying party's side.

Face it when it's on the line both parties have title to their half. So if there's a falling out then one can paint their half candy striped and the other can only try to remedy it with a little litigation mixed with green stuff. And chances are that won't work either.

So to keep the person paying the fiddler, er, uh, fenceman, having total control of their investment I put the fence on their property. The neighbor gets the benefits. But they can't paint it. They can't damage it with impunity. They can't let their livestock damage it with impunity. And they can't scream if my customer cuts down the honeysuckle they've planted to grow on the fence out of the meaness.

My first choice would be one repeated here, buy the slice of the pie that one wants.

Second choice if that isn't possible would be to look at that section of the fence line from a creative perspective. So many times we have this image of a fence and that's it. But in reality we're wanting to create a barrier. And often that barrier doesn't have to look like a fence.

The fence might be able to be installed then some landscaping can make the fence disappear. In another thread there's some talk about hedge trees. In Texas we call it the horseapple and when it's young it's meaner'n a junkyard dog with it's tail stepped on. There are other trees and shrubs that can create a barrier only the brave or appropriately armored can navigate.

Another alternative might be some time. Time can be an amazing ingredient in relationships, especially with neighbors. A little time and exposure and the stand offy neighbor might end up being that angel of a neighbor you'd always heard about and never had the good fortune to experience.

 

[MikePA]

<font color="blue"> Also, this is on a piece that i would like to buy in a few years if it is still available. </font>
If it's available now, buy it.

<font color="blue"> Can i lease the land that I fence in from them </font>
You build the fence, the lease expires and your neighbor doesn't want to renew and tells you to get your fence off his property. Or he sells the property and the new owner tells you the same thing. Then what?

Regarding the fence...I'd never install a fence on the property line. I worked for my FIL who was a civil engineer. We did property surveys for people who were arguing about the location of a fence (among other things). For deed descriptions that don't close, the civil engineer makes their best educated guess as to what changes to make (distance or angle) to what's in the deed to get the deed measurements to close. If you and your neighbor get into an argument re: the fence line, and you lose, you get to move the fence. Don't be penny wise and pound foolish, buy the land now. /forums/images/graemlins/cool.gif