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

[beenthere]

I agree with the general consensus...put your fence just on your side of the line.

Some parts of the OP complaint don't add up as I read it. The neighbor cut down his trees. Dogs couldn't see "through" his trees before they were cut down? A fence will cause damage to "his" remaining maple trees? And shooting and chainsawing to creat noise to show the neighbor you are not happy?
Sorry Boondox.

I'd put the fence on the property line (your side) if I put up a fence at all.
And hope you can come to being friends with your neighbor...I sure go to great lengths to be friends with mine. They are too valuable as friends, and life is too short to not like them.

 

[heehaw]

i've had many property line problems in Arkansas: an heres what i have learned: you can build the fence anywhere on your side that you want to: don't let the neighbor have total control, maintenance, etc etc of the part on that side of the fence: i would really recommend some sort of documentation, just in case the neighbor decides to take you to court: you never know how a judge will rule on these matters: if something happens to you, the next owner could have a heck of a fight on their hands getting the fence back where it belongs: i have a friend that got a letter from an attorney several years ago, asking if he had a claim to any of his neighbors land: of course he replied that he did not: to which, he received another letter giving him a couple months to get a fence put up on his property, because the new owners were removing the fence that was "on them"..by a very small amount: since he had a lot of cattle, he got into high gear to put up a new fence. if he had replied yes, more than likely the fence would have stayed.
heehaw

 

[jinman]

Hey Pete, if your neighbor only comes a couple of times per year, maybe you can take his property by adverse possession.:thumbsup:

This argument always amuses me. What if I build a barn and put a fence around it that is 25' from my property line? How about 50'? Does that put that 25' or 50' in jeopardy? If not, a what distance from the property line does adverse posession take effect? 10'? 4'? 2 inches? If I build an obvious decorative or privacy fence and want to keep both sides maintainable, I would set it back a little wider than my mower and put some stakes in along the property line for my benefit. If the neighbor questioned my motives, I'd tell him just exactly why I did it and that I don't want my dogs running off. Life is too short to worry about the neighbor or his motives as long as he is on his own property. My priorities end at the property line as long as what he does is legal.

 

[The Dougster]

I'm no attorney, don't even look like one but I think the "adverse property" question comes into play when the offending party goes un-challenged for a specific number of years. (seven?) .. even then he/she must file for title to that property. To protect oneself, it is necessary to challenge (in writing) anyone that is using the property. Needless to say, you must maintain that you have challenged the offending party. i.e., registered mail.

 

[Dargo]

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.

Yup, me too. Where I live you can't put a fence "on" a property line. It has to be so many inches inside your property. I left 6' of room on the outside of my fence. Without a doubt I'm safe on regulations and I can run my 5' wide ZTR on the outside of the fence if I want or get to the outside of the fence for repairs etc. without getting off my property. Several years ago I decided to plant a hedge row on the outside of the fence. My neighbor saw fit to cut them all down. The judge informed him that he'd not only put them back, but he had to buy ones of similar size to the ones he cut down. It cost him thousands. He moved. I'm happy.

 

[Boondox]

Yeah, okay, there's a bit more to the story. The trees were planted decades ago by his grandfather and my wife's grandmother...where they thought the property line was. Turns out it was about a foot over their side, though as the trees matured the trunks and half the branches touched or crossed the property line. Over the years those trees formed a lovely canopy of shade, and the lower branches formed a natural privacy screen that gave us, the permanent residents, respite from the road and trails below, and from the senator's obnoxious kids. ("My Daddy's a senator; I can do anything I want!")

They've come up 4 or 5 weekends a year, firing bottle rockets at our sheep, playing loud music late at night and bellowing at the kids, cutting down brush and trees on another neighbor's property because it interfered with their view, and leaving trash behind which I have to pick up when the wind blows it around. Not good neighbors, and not the type any of the other neighbors associate with. Though I have plowed him out in winter, pulled his wife and teenagers out of ditches when they lose control in the snow, dug up stumps for him, and dozens of other neighborly things, he has never reciprocated or even called with a friendly thank you. Around here we do things like that for neighbors simply because they are neighbors.

But to have him walk the tree line with me, to mark the trees that were not to be touched, then to have him drop them anyway and cut all the branches off the still standing trees that could be reached with a 20' ladder so what remains looks like lollypops -- directing heavy equipment onto my property to do so ("I didn't want to tear up my yard; you only use it to graze your sheep.") -- was so far over the top that I feel the need to fence him out.

The trees I've planted or transplanted since then will take decades to mature. And yeah, maybe the chainsawing and target shooting is a bit over the top. Maybe I'll just move my manure pile down there. And surplus school buses can be had for $200. I might park one down there to block my view into his living room...and since he's a republican senator his side of the bus should have Obama and Rainbow Coalition stickers all over it. :thumbsup:

 

[teg]

Personally, I think old School Buses make great fences... and you are being too soft on the guy. Pack the school buses with the manure and open the windows on his side...

 

[Pirate]

The Senator sounds like a real jerk. I really like that school bus idea, but you must paint them as described. Fill them with manure so they get nice and hot a steamy in the summer then open the windows on his side. I don't blame you a bit for lowering down to his level.

 

[scootr2d]

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:

I agree, however best check with state , if neighbor can show proof he is maintaining strip over period of years some states do support his rights you have relinquished ownership. My suggestion , install gate and mow the 4' strip or maintain etc as needed to avoid any legal battles further down the road..

 

[Flatheadyoungin]

the new laws in ohio allow you to enter the neighbor's property to "maintain" your fence line....

i've got two areas of concern on our property......one, the neighbor tore down the fence years ago and cleaned it all up......he still cuts up on me some......

the other side, the fence is over on me by about 3' and tapers to 0' at the corner......

i had it all surveyed and drove fence posts in the ground, right beside the surveyor's pin with a plastic cap.....then, right beside that, i pushed a magnetic surveyor's spike just under the surface so if anyone pulled the yellow capped rod and the fence post........

i bought my property off of an attorney, when he comes in next month, i'll raise my concern to him.....