Build more fence or move to the country? A**hat neighbors...

[3fordasho]

Here is the tree:
Her wood fence is attached to the tree. The property line would be another 18-24" towards the camera and my property. Sure some of it is on the line.
<a href="http://s33.photobucket.com/albums/d75/3fordasho/?action=view&amp;current=DSC03318-1.jpg" target="_blank"><img src="http://i33.photobucket.com/albums/d75/3fordasho/DSC03318-1.jpg" border="0" alt="Photobucket"></a>

 

[Gavman]

Pics are cool, get some buddies in FBI suits and cars to come over to take a few more..... ha ha

 

[farmboss45]

moving will not solve all your problems, We live out in the country and the only close neighbor we have is a gun nut. Once a month he stocks up on ammo and will shoot for 2-3 hours straight. This usally coincides with a pool party or get together of ours. He is a decent enough guy, but boy on those days.............My point is, neighbors anywhere, can be difficult.

 

[3fordasho]

This is what I tell the wife everytime she brings up the moving idea. I like my property, house, been here 25 years making it that way. There are some really nice neighbors here too. Moving would be just trading one a**hat neighbor for another, maybe worse.

moving will not solve all your problems, We live out in the country and the only close neighbor we have is a gun nut. Once a month he stocks up on ammo and will shoot for 2-3 hours straight. This usally coincides with a pool party or get together of ours. He is a decent enough guy, but boy on those days.............My point is, neighbors anywhere, can be difficult.

 

[zogger]

moving will not solve all your problems, We live out in the country and the only close neighbor we have is a gun nut. Once a month he stocks up on ammo and will shoot for 2-3 hours straight. This usally coincides with a pool party or get together of ours. He is a decent enough guy, but boy on those days.............My point is, neighbors anywhere, can be difficult.

See, that's a plus for some of us. Real nice to be able to walk out back and do some target shooting, not have to go drive to the range and pay money. (let alone go cut wood anytime, go fishing in the pond, etc) We also have a neighbor, closest one, who target shoots a lot. Nice enough guy, and I know judging by his enthusiasm and the wide range in sound of the kabooms we hear, during the zombie apocalypse, I'll only need to pick off a few, he'll get most of 'em!

Basically, having lived around an equal amount in my life heavy urban/birbs or rural, I'll take the rural. All areas have pluses and minuses, but rural just has a lot more going for it if you are really an outdoorsy type person. Plus, can accumulate more junk and work on it without getting a ticket. I have gotten harassed-a warning, get it out or else ticket/fine- twice before working on registered/current plate attached/insured vehicles in my own driveway!

 

[fields_mj]

Man, I seriously don't get it. After all the crap you went through, and all the $$ you spent dealing with your other neighbors, you really should have learned how to handle this stuff by now. You paid good hard earned money for a survey which will stand up in any court. Now go take GeeVee's advise and consult with a lawyer in a neighboring town and then make your decisions based on that.

Had it been me in your shoes this time around, A) I wouldn't have stacked the wood on the quarry's land because that kind of thing ALWAYS comes around to bite you somehow, and B) The fence would have already been dealt with. If, when the fence was constructed, I already had the survey, I would have cut the fence at both ends of the encroachment, pulled the posts that were in my yard, and hauled them both off to the dump all while keeping track of my time and any costs so that I could charge her for it if it escalated. Here in Indiana, you can not build a fence ON a property line without permission from your neighbor wich is required before the city will give you a permit. If the neighbor doesn't want the fence there, they you have to stay a certain distance off the property line with it. Point being is that if you have similar regulations more of her fence is in the wrong than what you realize, and also YOU had better know those rules before you build any kind of fence of your own.

Having said all that, I'm not a lawyer of any kind. Just a typical redneck. Getting on forums like this and going off about some jerk(s) like what you've dealt with is a good way to waste some time once in a while. Now go get that consultation!

 

[3fordasho]

Lots of advice to go rip that fence right down, get the cutting torch out and have at it. Well I tell you what, it wouldn't matter if I did it the day after it was installed or midnight tonight, that kind of action would get me a ticket or thrown in jail and then in court, survey or not. Heck the city cop even gave me a lecture for trimming buckthorn off the quarry fence even after a couple city workers said I could do it.

The fence was put in before I had the survey done, had only a guess where the property lines were. I remember telling her she could not block the alley but she did it anyway. At the time I didn't care about the blocked alley and still don't because it keeps her dog from crapping in my yard.

I've put in a call to the district officer that helped me solve the problems with the other neighbor. I'm not going to trick her into moving her fence because I say I'm going to build a better one of my own and then not do it. Her fence just needs to move period. All I need to do is tell him I was threatened by her daughter and I have witnesses that saw her being pulled back by her own son.

As far as the tree, it's clearly at least 50% on her property, is live and as healthy as any elm of that size and age. I have no problem with what ever my legal responibility is regarding it but there is no way anyone would believe I am on the hook for removing it. Also she still has no idea where the line is, wouldn't look at my survey and I sure am not going to volunteer that info now. She knows where the front marker is, but the back one could not be put in due to concrete in the ground, the survey drawing references dimensions off an old pipe in that concrete. She can pay for her own survey if she wants to establish who owns that tree.

I don't see the need for a lawyer yet, these people are full of hot air and will comply if they are forced to start spending money. I just need the district officer to be my communication tool, let them lip off to him like they did to me...

Man, I seriously don't get it. After all the crap you went through, and all the $$ you spent dealing with your other neighbors, you really should have learned how to handle this stuff by now. You paid good hard earned money for a survey which will stand up in any court. Now go take GeeVee's advise and consult with a lawyer in a neighboring town and then make your decisions based on that.

Had it been me in your shoes this time around, A) I wouldn't have stacked the wood on the quarry's land because that kind of thing ALWAYS comes around to bite you somehow, and B) The fence would have already been dealt with. If, when the fence was constructed, I already had the survey, I would have cut the fence at both ends of the encroachment, pulled the posts that were in my yard, and hauled them both off to the dump all while keeping track of my time and any costs so that I could charge her for it if it escalated. Here in Indiana, you can not build a fence ON a property line without permission from your neighbor wich is required before the city will give you a permit. If the neighbor doesn't want the fence there, they you have to stay a certain distance off the property line with it. Point being is that if you have similar regulations more of her fence is in the wrong than what you realize, and also YOU had better know those rules before you build any kind of fence of your own.

Having said all that, I'm not a lawyer of any kind. Just a typical redneck. Getting on forums like this and going off about some jerk(s) like what you've dealt with is a good way to waste some time once in a while. Now go get that consultation!

 

[Tree Services]

I dont get all the drama. You have a survey, pull a permit for a new fence, install fence, have new fence inspected and permit finalized. End of story. You own the land, you pay tax on the land, get her personal property off of your real property. The money and time you waste with lawyers and experts, the fence is built and paid for. The tree is a non issue, there is precedent for who is responsible. Am I missing something here?

 

[3fordasho]

I'm not building a fence because they're all for it. In other words why should I pay for something that will benefit them.

I just want their crap off my property period.

They won't move it unless I build a new fence.

I dont get all the drama. You have a survey, pull a permit for a new fence, install fence, have new fence inspected and permit finalized. End of story. You own the land, you pay tax on the land, get her personal property off of your real property. The money and time you waste with lawyers and experts, the fence is built and paid for. The tree is a non issue, there is precedent for who is responsible. Am I missing something here?

 

[stihly dan]

Just build it, and they will GO AWAY!

 

[mountainmandan]

I don't understand why you are even considering her opinion. It is your property. She already doesn't like you and probably never will.

 

[3fordasho]

Came home from the woodlot this afternoon to find the idiots trapzing all over my property working on their fence. They waited until my wife left too. I was even more outnumbered than before so didn't confront but considered calling the cops. Decided not to to see what they would do and wondered how would they know what to move without knowing where the line is. They moved the last post which is the one a 1 1/2' onto my property, at least 4 other will have to be moved to get it where it belongs. I hope they like moving that fence....

 

[trimmmed]

if her ac has been on your property for a long time it may now be her property de facto and legally. laws of imminent domain typically grant ownership to someone who has possessed and used a piece of property (fences, buildings, driveways, storage, etc.)for a set time period (7 years in states i'm aware of). if you are really serious about moving her fence you may want to consult with a real estate attorney or the city attorney before you start any action. that's why i moved out of the city. just sayin

Imminent or eminent domain have nothing to do with this situation. Prescriptive easement and adverse possession are the legal theory's that apply. You are right about the time frames being different in each state and also that he should educate himself on those two items in his state.

I think you probably can't say anything about the AC unit and I would agree with the poster that advocated wiping the offending portion of that fence out and leaving it such that it can't go back up there........load of logs, rocks, gravel etc.

 

[Fred Wright]

I haven't read this entire thread... but have read enough to offer some advice from personal experience. I hope you'll bear with me on this one.

I'm in my mid-50s and, over the course of my lifetime have lived in close proximity to asshat neighbors. More times than I care to recall. I was married at the time. To make a long story short, the ex is gone and so are asshat neighbors.

Take my advice, please and move. Your neighbors aren't going away and battling them will get you nothing but gray hair. They've found a home. It's never easy to pull up stakes but there really is no alternative in these situations. Even if they did leave, another annoying neighbor would simply move in to take their place and you're back to Square One. It never ends.

The SheWolf and I got fed up with noisy, arrogant neighbors in the apartment building we lived in. We started looking for a place 'way out in the boondocks where there were no neighbors.

We found it, with a cushion of forest and farm fields around us. Our closest neighbors are Amish. Those folks don't bother anyone.

 

[Whitespider]

The neighbor obviously doesn't intend to be, and isn't interested in being "neighborly" so I wouldn't waste anymore time trying to talk or reason... it'll only make things worse and give you ulcers. Any sort of "getting even", or "this'll teach 'em" attitude/actions won't make things better, and probably worse in the long run. It's time to take another route, and no matter what that route is it's most likely gonna' cost you some cash... it-is-what-it-is. A lawyer? Well maybe, but I'd start with city officials first... maybe the engineer, city attorney, mayor???

There ain't any sense in cutting off your nose to spite your face... even if it's what they want, my thinkin' is the only way to guaranty there won't be future problems is a privacy fence the full length of the adjoining properties. At least with a privacy fence you have something to show for your cash, and near 100% of neighbor problems are eliminated. When you get the permit you'll probably want to ask about the A/C unit, but I'm bettin' they'll tell you to see a lawyer. I know what I'd do, I'd cut one of the privacy panels to fit down over it and box-in my side of it, set a planter on top. I'd box it in tight so I won't get any air flow... I'm bettin' they move it within a year and then you can replace the panel with a full one. As far as the tree, run the fence up close to it and "box" around it on your side... I'm bettin' your wife can come up with some decorative stuff to hang on that part of it, maybe incorporate a little shed for the yard equipment... whatever.

Privacy fence... out'a sight, out'a mind... and that means "piece of mind" in this case.

Gawd I hate neighbors...

 

[3fordasho]

Oh I'm so through talking to them, that was very fruitless exercise. All communication now will be through a mediator, (police officer).
He can talk to them about the fence encroachment, trespassing issues, and alley encroachment. If that does not work, I'll go see the city then a lawyer.

A privacy fence is a great idea, but 157.5' worth on land that is 20' from a quarry means it's not gonna be easy or cheap.
The way the structures are layed out on our propertys they can't see the wood unless they are way into there back yard, any view from their sitting areas and you can't see a stick of firewood right now.

The wood on quarry property is already being moved, I've got plenty of room on my own property that won't be visible from either side, the wife finally gave me approval to put it there.

On the plus side, it's cooled off and firewood sales have finally woken up, 6 loads in the last week, more scheduled for this weekend.

The neighbor obviously doesn't intend to be, and isn't interested in being "neighborly" so I wouldn't waste anymore time trying to talk or reason... it'll only make things worse and give you ulcers. Any sort of "getting even", or "this'll teach 'em" attitude/actions won't make things better, and probably worse in the long run. It's time to take another route, and no matter what that route is it's most likely gonna' cost you some cash... it-is-what-it-is. A lawyer? Well maybe, but I'd start with city officials first... maybe the engineer, city attorney, mayor???

There ain't any sense in cutting off your nose to spite your face... even if it's what they want, my thinkin' is the only way to guaranty there won't be future problems is a privacy fence the full length of the adjoining properties. At least with a privacy fence you have something to show for your cash, and near 100% of neighbor problems are eliminated. When you get the permit you'll probably want to ask about the A/C unit, but I'm bettin' they'll tell you to see a lawyer. I know what I'd do, I'd cut one of the privacy panels to fit down over it and box-in my side of it, set a planter on top. I'd box it in tight so I won't get any air flow... I'm bettin' they move it within a year and then you can replace the panel with a full one. As far as the tree, run the fence up close to it and "box" around it on your side... I'm bettin' your wife can come up with some decorative stuff to hang on that part of it, maybe incorporate a little shed for the yard equipment... whatever.

Privacy fence... out'a sight, out'a mind... and that means "piece of mind" in this case.

Gawd I hate neighbors...

 

[esshup]

I feel your pain. I had white trash buy the house next to mine. I ain't moving, since I've owned the house this is the 3rd owner of that house. It'd be hard to move the 1+ acre pond that's on this property too........... I figure that the way they're burning thru the insurance money that they got, the house will be on the market in a few years, if not sooner. Lots of toys and no common sense.

Last time I talked to them it was "I see someone's been riding 4-wheelers in my food plot. I'm going to be planting it in a week or so, and if it gets tore up you'll be getting a bill for my time and materials to fix it."

 

[stihly dan]

If it's trash burn it. No matter the color.

 

[Dale]

Last time I talked to them it was "I see someone's been riding 4-wheelers in my food plot. I'm going to be planting it in a week or so, and if it gets tore up you'll be getting a bill for my time and materials to fix it."

I'm assuming that you are not the one riding the ATV on private property, and tearing up others land. That said, where I live, every tom, ####, and harry that buy an acre in the country, also buy their offspring ATV's, knowing full well that they don't have the land to accommoodate their pleasure riding. They feel that since they are now "country folk" being they now have a 200' x 200' yard instead of a 100' x 70' yard in the suburbs, that all the other country folk landowners owe it to them and their cherub's a place to ride. Trespass sucks. ATV trespass sucks even more and can really make a mess of land.

 

[Wolfcsm]

He He He! My wife used to be a city girl. She was scared to move to the country when we first moved here. She says she could never live in the city again now.

Agree, we lived in cities for 25 years, while I was in the Army. In 2005 we moved back to Killeen, Texas and bought a small place way out in the country. There are smanke, scoripons, spiders and lots of other interesting things. THere also have been lots of deer, turkies, generally lots of animals around the place. She grew up in St Louis. No real experience with the country. Now, she will not even consider anything else but the country.

Hal