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Country Discussion Topics
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Neighbor's fence
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screaminghollow    Posted 10-05-2002 at 22:34:52       [Reply]  [Send Email]
Well, the surveyor just confirmed what I thought. Ms. Prissy Foulmouth who moved in next door, three years ago, did indeed put her fence 18 inches over the property line of the lot I just bought in May. I already got a affidavit from the guy next to her that her told her the fence was over the line and she just cussed him out. When I alerted her to the fact, that her kids might get hurt swinging their golf clubs at my bulls out in my pastures, she cussed me out and accused me of making trouble. The last straw was when she had my driveway blocked last Wednesday morning while she yacked to someone at the school bus stop. I asked her to move so I could go to work and got a few sailor words again. I even went to the County planning office and got a copy of the arial photo survey from two years ago which shows her yard before the fence.
I've also called the State police and told them I need to remove a fence that someone put up on my property. Explained the survey, affidavit, etc. They got no problem, but warned me that I'm likely to be sued. Come Monday morning, I'm going to cut down the fence. I'd sure love to see her face when she sees the back fence line missing.


steve II JD4000    Posted 10-07-2002 at 12:01:02       [Reply]  [Send Email]
You OWN the fence!!! and it's 18 inches over the property line!! just get a note that shows where the property line is and the fence is on YOUR side and you OWN it! just go get some paint and paint YOUR NEW FENCE!! maybe RED? or BLACK!
steve.


screaminghollow    Posted 10-07-2002 at 20:49:52       [Reply]  [Send Email]
I thought about maybe day-glo purple. Or papering the B----'s side with something objectionable, like centerfolds from a raunchy magazine, or the Taliban missives on the place of women.
Another buddy suggested piling up manure against the fence as a compost pile retaining wall. I am in an ag security zone, so no one can complain about ag odors. Problem is I got just horses and cattle, nothing with the really foul stench of concentrated pig crap. I even thought about tying a donkey next to my fence to bray all night for a week or two.


steve II JD4000    Posted 10-07-2002 at 21:00:20       [Reply]  [Send Email]
yeah.. you are on ag zone no problem just fix your cows next to it. plant wild gress next to the fence.


Spence    Posted 10-06-2002 at 14:07:43       [Reply]  [No Email]
additionally to my other post, you are correct in that you have to do something about it as in some counties you can lose possession of it over time if you allow someone to "squat" on your property for too long. This is sort of consent by inaction.

If my previous post doesn't work, send a registered letter stating the problem and you want it fixed.

Other options, you can make a right of way but
have her pay the survey and lawyers bill, and "BE absolutely sure" it says it only applies while she owns her property and is non transferable.

Have her pay a yearly rent for it.


Les...Correct me if I'm wrong    Posted 10-06-2002 at 13:36:45       [Reply]  [No Email]
But, aren't you a lawyer, screaminghollow? Or did I just dream that somewhere along the line?


screamjinghollow    Posted 10-06-2002 at 17:59:03       [Reply]  [Send Email]
keeeerrrect Les, But why wait two years for the Court to decide.


Les    Posted 10-06-2002 at 18:14:48       [Reply]  [No Email]
Well, you certainly got a variety of responses to your initial post. They seemed to fall into two categories: teach the s o b a lesson or kill 'em with kindness and understanding. Me? I vacillate between the two ";^)


Grove r    Posted 10-06-2002 at 10:07:31       [Reply]  [No Email]
No advice or judgement; in 1962, when I bought this quarter, the south fence followed a general path through the timber, not straight. As things improved and the land on iether side was opened up,the new nieghbor, of the south quarter, and I decided to build,jointly, the half mile of fence between us. found the corner mound, with survey pin, on the west side, but, because the east mound and pin is one mile from the west one and that half mile of fence is crooked, we took what we thought was the actual center point, and built a lovely, srtaight as you could possibly get, four wire fence! Well, the utilitys company were asked to run a power line to a well in the quarter south east of me, and asked for easement three feet inside my property line. The surveyors surveyed the line three times, thinking they were wrong in their efforts, because, the neighbor and I had built a straight as an arrow fence, from the old survey pin on the west to thirty feet south of the center point of the section on the east end!!! To make a long story longer, that was about twenty five years ago, said to eash other, "it's gonna stay like it is 'til we need a new fence"!! And last summer saw the completion of a brand new five wire fence, ON THE PROPERTY LINE!!! Point is, we were able to live with that mistake, becuase we at least had a good fence between us. have a gooder, R.E.L.


mike    Posted 10-06-2002 at 09:45:36       [Reply]  [No Email]
That sounds like a good deal to me,you get a free
fence and an 18" easement on the other side to maintain it.Why tear it down,I would want a fence
between me and that.We have a neighbor who bought
property from the state of ohio sold as 17 acres
more or less,turned out to be 14 acres.He fought
for years with all the neighbors trying to get
the extra 3 acres from somebody.He was consumed
by this and died after a couple years.


Dennis    Posted 10-06-2002 at 09:18:52       [Reply]  [No Email]
Is it worth all the trouble just to be right?

That is a question I ask myself every time I want to enact revenge or get even.
I am not making a judgement call so please don't take it as such.
I would do what is necessary to protect myself legally and then I would be Bigger than her and let her know she is wrong and let her do what's right.
When people like her get our goats they have won and that is exactly what she wants.
Kill them with kindness and they will always be p____D and wonder what you are really up to.

Range wars are never won they just let lawyers make money.


screaminghollow    Posted 10-07-2002 at 22:22:26       [Reply]  [Send Email]
I agree that sometimes folks should be talked to and treated with kindness. Tried it with this gal. I am at the point where I am not going to let her walk on me again. The threat of lawyers doesn't bother me. Most have of the trial attorneys in this little town have already been beat by me. They know I don't do anything with out having my proof lined up first. And I'll put them on the "pleading a week program". She'd go bankrupt trying to pay a lawyer to keep up with the paperwork. (I've tried cases in Pa., Md., DC, De, and VA. Even successfully sued a Delaware state judge. Helps that I am an attorney!)


ger    Posted 10-07-2002 at 22:33:45       [Reply]  [No Email]
was a little worried about you till i read that your cabable of handling this your self an qualified now i wish you the best an teach that B i t c .well you know a lesson for all us that have to put up with people like that, go for it


Hal/WA    Posted 10-07-2002 at 00:06:53       [Reply]  [No Email]
Amen.


Bob    Posted 10-06-2002 at 08:57:08       [Reply]  [Send Email]
I would keep a log of when you talk to her and write things down. Offer on paper to move the fence for what ever price you see fair. Give her a date that it must be completed by. I'm in Pa and the state requires that your fence is 1ft from the neiboring property. I don't see any need for you to waste money on a lawyer sounds cut and dry but you want the judge to feel you have gone above and beyond being nice and reasonable. The part of the fence that is 100% on your land is yours you bought it with your property it's considered an improvement. You could end up with her taking it down and leaving it that way. You could trim it along the line if need be make it for you to use only


Ron/PA    Posted 10-06-2002 at 07:54:56       [Reply]  [No Email]
I don't know as I would cut down "MY OWN" fence,,,,,(grin)
Ron


DeadCarp - why bother?    Posted 10-06-2002 at 07:48:47       [Reply]  [No Email]
We have a local gal who habitually loses cases like that so help her learn. You can go to court for practically free, get a settlement that will likely make her pay for everybody's fence. I'm too old to argue with people but that's what we pay judges for. Send her a registered letter of your beliefs first & hope she's dumb enough to put hers in writing. That way you have proof she's been notified. :)


A Man    Posted 10-06-2002 at 07:31:29       [Reply]  [Send Email]
18 inches yes she is a bad neibor but do not go to here level she is why this world is the way it is


Spence    Posted 10-06-2002 at 07:23:07       [Reply]  [No Email]
Why 18inches? This looks like a mistake. She may be reacting to an overwhelming realization that she goofed and sees that it's hopeless and is on the defensive.

I'd offer an out. If the fence isn't too long you can come up with some ideas on how to remedy the situation in a friendly manner, that would be in your favor and you'd probably get a fine neighbour to boot. Try to make personal contact and show that your interested in just fixing the problem and not taking it personally.

Otherwise, go for it.


Okie-Dokie    Posted 10-06-2002 at 07:11:27       [Reply]  [Send Email]
While I sympatize with you, the first thing to do is take all proof that the fence is on your property to the best atty. you know that handles this sort of thing. Pay him to proceed with getting her to remove her fence. This will likely wind up in court, but at least when the judge tells her to move the fence onto her own property, it will be her, not you, who will wind up in jail if she does not do as the judge ordered. Just cutting down her fence, no matter where it is, can be seen as destroying private property and likely get you tossed in the jug even tho you feel justified.


screaminghollow    Posted 10-06-2002 at 17:54:46       [Reply]  [Send Email]
already got the survey and proof. No crime in tearing down a fence on your own property.


mike    Posted 10-06-2002 at 19:24:12       [Reply]  [No Email]
No crime is right,but you still could get shot.
You never know what anyone will do these days.


Ray    Posted 10-06-2002 at 04:51:09       [Reply]  [Send Email]
We have folks like that around here, I'd cut it down too and then put up a bigger fence just so I wouldnt have to look at her. Remember good fences make good neighbors at least when it comes to people like that and thats a shame.


Valerie    Posted 10-06-2002 at 04:39:07       [Reply]  [Send Email]
What a pain. It seems the worst country trouble ever experienced is fence trouble with people who move out to the country from the city and think the life is all about who's got the biggest property, rather than focusing on how to be kind, helpful and neighborly.

We always had a bit of neighbor trouble like that with a guy who thought it was neat to let his sheep graze his land, then come over and graze ours too. I believe my dad finally convinced him we were going to feast on lamb soon if he didn't do something about it.

Here, my neighbor's cows kept breaking out and into our gardens. We didn't even bother fussing about it, we just went and did the repairs ourselves. Keeping country peace. But, some people don't want any peace apparently. I hope your "neighbor" finds greener pastures elsewhere soon.


BOSS    Posted 10-06-2002 at 04:25:03       [Reply]  [No Email]
Theres more fun to have than just doing that, you have to go over there and tell her you are going to do it if she doesn't have it removed first. Shes not going to believe you and/or she doesn't think you have the balls to do it. THEN you cut it down !!!!! hehehehehehe she'll never doubt you again. And she'll think you are a tough guy.


Sid    Posted 10-06-2002 at 12:26:35       [Reply]  [No Email]
Several years ago I gal I worked with lived on a farm with her husband, who grew up in the area. Mr. Money moved in and right off started fussing about the fence said it was twenty feet on his property and was going to make them move it and bear all expense. They offered to have it surveyed and would share all expenses 50/50. Mr Gready refused and took them to court. It turns out he was fifty feet on their side of line. He had to go along with the court as well pay all legal cost.


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