Neighbors and fences

[blue]

I haven't posted in awhile, but I still think of this place when I need advice, like I do today. I apologize if my grammar and spelling is poor in the post, I am posting quickly and sorry it is long.

We have a small fencing/property line issue with neighbors that recently moved in. Our backyard is fenced on three sides. On 2 of the sides the fence is several feet from the property line, and on the 3rd it is just a few inches. The 3rd side is next to the new neighbors.

Over the last summer they put up a fence that starts at the end of ours and ends at the neighbors behind them. The fence they installed next to us is only about 3 feet long, however, they crossed into our backyard, and installed 2 feet of fencing in the neighbors yard directly behind them. Basically, the majority of the fence is not on their property.

My husband spoke to them on several occasions last year asking them double check the location, then pointing out the property marker, and finally offering to move it for them as to not cause them extra work. They were also polite but never moved the fence before winter. This week they planted bushes directly next to the fence and in our neighbors yard/ours. So to me they have no intention of moving it.

My guess is they want the privacy that they get from fencing those 3 feet in. Our neighborhood is full of children and they are an older couple.
I believe it is intentional due to how they installed the back of their fence directly on the property line, and only this portion next to ours crossing/in it.

I don't think the neighbors behind them care. However, I do care they are on our property. I never thought I'd be one of those people who care about a few inches of property, but I guess I am. I think part of it is because we helped build our house and have put a lot of work into it over the years.

Do you all have advice for how to deal with this? We do not have money or desire to do anything legally. I would be happy to work with them on this. If it is a privacy issue, i'd even put something on my property to help block their yard as long as they move their fence off mine. Should I just come out and ask them if they want to block their yard and offer to help? Just move the fence? Other?

Thanks in advance. I know this isn't a big deal in the grand scheme of things, but I'd like to address it in a respectful way.

[hillview]

Yes I would offer to make it work for them and protect your property line

[jgenie]

I would politely tell them the fence is on your property and needs to be moved. I would follow up in a week if they don’t move it. I would remove it from my property if it hasn’t been addressed by them within a month.

[carolinacool]

I would work with them, but I'm curious. When your husband offered to move it, you said they were polite. But what did they actual say?

[blue]

I would work with them, but I'm curious. When your husband offered to move it, you said they were polite. But what did they actual say?

My husband said they stated they : "didn't want him to go to the trouble" and they would "take a look at it".......

To me it means they don't want him to move it and they won't be moving it but will pretend to take a look at it. But, of course I don't actually know what their intent was. I really hope if I am honest with them that I am upset and offer to help with their concerns, they will work with us.

[ray7694]

We put our fence 12 inches inside the property line so that we had no issues. The poor fence installers had to dig forever to located the last pin.

Bottom line they have to move it. Sounds like they are ignoring your request. I would not touch it as if something happens to it they could blame you.

[Kestrel]

You might speak with the other neighbors whose property is involved. You might have better luck "double-teaming" them.

However, from what you describe, it sounds like they're going to do what they want and don't care. My guess is you'll have to take them to small-claims court in order to force it to move. You'll almost certainly have to have a survey professionally done in order to prove the intrusion. (Perhaps the other neighbors would split costs with you?) We had a similar issue (see neighbor painted my fence thread), which we thoroughly won, and the judge had the loser reimburse us the cost of the survey. But - you'll have to front that money and court fees. I know you said you don't want to go legal, but if you've asked, and done so repeatedly - chances are, they won't do anything. The only other thing I can think is see if you can have a lawyer write a letter - if you have a friend-of-a-friend, they should do it for a low cost (ours was $50 but should have been $300). Good luck, and don't forget to talk to the other neighbors!

[dogmom]

The things that I would, probably look into if it were me is to call the town to see if they have any rules about fencing that the neighbors aren’t adhering to. I would also call the real estate person that sold you your house, if still there. Or call another local one and ask if this will effect any future sale of your property. It can give you third party backup like, “it turns out you need to set the fence back x feet” or “I was talking to a real estate friend of mine, and it turns out that there will be issues with the fencing when we sell so unfortunately we are going to have to address the fence issue.” Maybe they will think you are moving soon and be more likely to cooperate.

I am having trouble picturing the layout. If it’s just 3 feet and closing a gap, that is what I’m imagining, and barely in your yard I just might live with it.