If I install a fence 4' up from the property line...

[Boondox]

Does that give my neighbor the right to use and maintain that strip of land?

My part time neighbor (vacation home) cut down 40 sugar maples that were on his side by a foot, but which had always been the "fence" between our properties. Now my dogs can see hikers way down the hill and of course they want to check them out. So I need to install a fence. Because the dozen surviving trees have roots on both sides of the line, I want to move the fence up onto my land by four feet lest I harm those trees.

Would I be surrendering that 4x300' strip if I did that?

Pete

PS: Yes, I also now do all my chainsawing, woodsplitting, and target practice on that end of the property to express my displeasure at his actions.

 

[MikePA]

Would I be surrendering that 4x300' strip if I did that?

Nope, still your land. I moved my fence line in from the property line, too, far enough for room to get the tractor and mower through to keep it clean.

 

[mustangsallysdad]

Does that give my neighbor the right to use and maintain that strip of land?

My part time neighbor (vacation home) cut down 40 sugar maples that were on his side by a foot, but which had always been the "fence" between our properties. Now my dogs can see hikers way down the hill and of course they want to check them out. So I need to install a fence. Because the dozen surviving trees have roots on both sides of the line, I want to move the fence up onto my land by four feet lest I harm those trees.

Would I be surrendering that 4x300' strip if I did that?

Pete

PS: Yes, I also now do all my chainsawing, woodsplitting, and target practice on that end of the property to express my displeasure at his actions.

Put your fence on or as near to the line as possible...why would you want to do otherwise?

 

[bp fick]

Laws vary from state to state, but I would be very surprised that fencing relinquishes any property rights. It isn't logical, as someone might well fence 10' from the line, giving themselves a lane for servicing. It doesn't mean a thing in terms of relinquishing ownership to or land use by a neighbor.

All that said, any way to achieve better understanding with the guy? I guess I might inform him of your intention and that it in no way implies anything about where the property lines, as described in registered deeds, still remains. You might even want to use the old, "its a lane for any potential access", implying that you don't want him to even think about it being anything else. Drive up and down it, leaving a slight two track, a few times a year. :laughing:

 

[MikePA]

...why would you want to do otherwise?

I want to move the fence up onto my land by four feet lest I harm those trees.

Already explained.

 

[magicheater]

Does that give my neighbor the right to use and maintain that strip of land?

My part time neighbor (vacation home) cut down 40 sugar maples that were on his side by a foot, but which had always been the "fence" between our properties. Now my dogs can see hikers way down the hill and of course they want to check them out. So I need to install a fence. Because the dozen surviving trees have roots on both sides of the line, I want to move the fence up onto my land by four feet lest I harm those trees.

Would I be surrendering that 4x300' strip if I did that?

Pete

PS: Yes, I also now do all my chainsawing, woodsplitting, and target practice on that end of the property to express my displeasure at his actions.

However, if your neighbor maintains that strip for 20 years and you don't say anything, there is a law that would give him an entrance to challenge you for it. How wide is your mower? Would you be mowing his side a little when you maintain it? Boundaries are funny, especially when there is an ongoing "riff" between the owners. Been there.

 

[MossRoad]

Does that give my neighbor the right to use and maintain that strip of land?

My part time neighbor (vacation home) cut down 40 sugar maples that were on his side by a foot, but which had always been the "fence" between our properties. Now my dogs can see hikers way down the hill and of course they want to check them out. So I need to install a fence. Because the dozen surviving trees have roots on both sides of the line, I want to move the fence up onto my land by four feet lest I harm those trees.

Would I be surrendering that 4x300' strip if I did that?

Pete

PS: Yes, I also now do all my chainsawing, woodsplitting, and target practice on that end of the property to express my displeasure at his actions.

So he cut down some trees on his property and you are now so displeased you do your chainsawing, woodsplitting and target practice there just to spite him? Why don't you just plant some trees on your side instead?

 

[CurlyDave]

Put the fence as close to the line as possible. Suppose he sells his land. Do you really want your first interaction with your new neighbor to be a session where you tell him that he really doesn't own as much as he thought?

You are just inviting problems if you put the fence anywhere else.

I have a hard time understanding how planting a few fence posts is going to kill the remaining established trees.

 

[gwjd]

i would put no trespassing sings up on post on the line

if the dogs can see hikers the hikers can see your land and you may be liable with out sings if they are taste full shouldn't cause andy problems

 

[RoyJackson]

I'd put the fence on the property line to prevent any misunderstandings.
If you do put the fence 4' off the line, and your neighbor maintains that strip for a period of time (I think it's 7 years in PA, but that may vary from state to state), he can claim the property by "adverse possession". Again, real estate laws vary from state to state, so check on that before you build that fence.