Your Land is my Land

   / Your Land is my Land #371  
I left the old fence posts in the ground and put the new fence about a foot inside the line...probably should have put it on the line. For the rest of it, I will go On the line.
 
   / Your Land is my Land #373  
Exceedingly true.

Which for all practical purposes it is. Are you going to mow 6 feet on the other side of the fence? Is he going to mow his yard and leave 6 feet of high grass. When he has a bbq is he going to tell his friends they can’t walk within 6 feet of the line? Is he going to build another fence so his cows don’t walk on your side? Btw “he” in my post doesn’t refer to the OPs neighbor.
 
   / Your Land is my Land #374  
Finally read through this thread and lots of great ideas... from Eddie's idea of planting something 'in the way' to gooey's suggestion of strategic pallet placement. :D

I definitely would get the line surveyed if it isn't already clearly established. Then I would send a certified letter to your neighbor stating the situation and your demands. Then I would document his trespassing. Then show it to him and ask that we come to an agreement going forward. Such as pay for easement/access or cease and desist. Or suggest you will put a fence/barrier of some kind. Or better yet find a way to 'violate' I mean use part of his property in exchange, if you have a need that would balance things out for you... just throwing stuff out there.

One thing I know is make sure escalation of the matter won't turn around to bite you. I think I would take things in my own hands first and document long before I would head to the courts. I think I were you I might find some use for that area that would consequently prevent him from gaining access without damaging it. Good luck for sure... following along now.
 
   / Your Land is my Land #375  
I have read all 37 pages of this and I think the OP should sell it and buy elsewhere.
 
   / Your Land is my Land #376  
6", not 6'. a fence on the line occupies land owned by both, so both have to agree with it being there or the other guy would be in his rights to tear down the posts that tresspass on his property.
 
   / Your Land is my Land #377  
When we bought our first house, we got a free puppy. Free puppy = $900 fence in back yard. I had the fence company find the survey of the neighborhood, found the corner stakes, and then went to talk to my neighbor.... you see, he and I had always agreed that the line went from a post back in the alley where our trash cans were, out to the street. However, the corner stake was 6' past that post and actually under the corner apron of his garage driveway to the alley. The property line was 6" (inches) from his garage. If I'd put the fence on the property line, he'd have just 6" to get to the side of his garage. He'd never be able to paint it, fix a broken window, trim along the side, etc.... plus, I really liked the neighbors. Older couple that really treated us well. So, after showing him the property lines, I told him we'd put the fence 3' into our yard so he could still get to his garage sides, mow along it, etc... and we'd keep his trash cans on my yard at the back. I poured a nice pad for the trash cans, too.

In the end, he ended up mowing our side yard for us in summer and I'd clear the alley, their driveway, and their front sidewalks of snow in winter. He'd take me fishing, and we'd go for Sunday drives with them once in a while. Our wives would bake each other pies, and we'd sit on their garage porch and drink beer and cocktails with them. We had 10 good years of friendship until he passed away.

I think it worked out because he wasn't using my property in hostility and they liked our free dog. We came to a very good compromise for both parties. But that's city living.... tight quarters, you'd better get along.

Good luck to the OP. I hope he gets his survey, and that the neighbor doesn't have access to a good-old-boys network in local government that'll make it drag on for eternity. Fingers crossed. :thumbsup:
 
   / Your Land is my Land #378  
My understanding is that fence needs to be inside (supposedly 1 foot minimum) otherwise how do you maintain the far side without trespassing?
Also I believe that 'on the line' is a co owned and co maintained cost shared fence.

Then in urban areas there are another whole set of regulations dealing with privacy, height, air flow etc.
 
   / Your Land is my Land #379  
My understanding is that fence needs to be inside (supposedly 1 foot minimum) otherwise how do you maintain the far side without trespassing?
Also I believe that 'on the line' is a co owned and co maintained cost shared fence.

Then in urban areas there are another whole set of regulations dealing with privacy, height, air flow etc.

In KY, the standard is that a fence is placed on the line and cost is shared by both sides. Basically, you 'meet face to face in the middle of the property line, and Each person is liable for upkeep of the fence 'to his right'. That is the basic 'legal' definition which is assumed by the courts. However, if a neighbor wants to 'control' the fence, how it is built, materials, etc. He must put it on his own property and care for it himself. This keeps a 'Rich' neighbor from moving in, and requiring a 'poor' neighbor to pay for 1/2 of a 4 board fence.

Personally, I have several miles of fence to put in over the next couple years. I want control of the fence and I want to be able to mow on both sides. (I'm in KY Horse country). I spoke with my neighbor and explained that I would pull the old and care for the new fence. But that I didn't cede my property on the 'other' side of the fence, and that the property line remained as surveyed. He was very happy, because the fence I pulled was honeysuckle grown over 50yo barbed wire which was nothing but a nuisance. The 'line' is lined with old walnut, oak, etc. So, trying to know where it is, isn't difficult. Caring for it is a PITA, so I'm moving it in quite a bit, to make life easier.

I still need to decide 'how far' inside I want to go. But that is simply a decision based on 'mowability' of the other side. Which is what I am pondering at this point.
 
   / Your Land is my Land #380  
Howdy,
After a survey, so you know exactly where the property lines are. Park a car or truck 12 inches off the property line.

Or, put in a real fence.
 
 
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