property dispute with my neighbor

Bob W said:
I have worked with surveryors who use a GPS system that's accurate to within a few centimeters. They do it by setting up their own base station, a large trailer with a giant antenna, probably 40' or higher. The field surveyors use backpack-based GPS units. I don't know what a complete setup like that costs, but a single backpack is about $14,000.
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This is a form of DGPS. The trailer thing gets the corrections probably from several local DGPS stations (hence the big antenna), and shared them with local users. And that backpack full of electronics and associated batteries is necessary for the rather powerful computer that's doing all the math. This stuff gets really computationally intensive really fast.
 
shootist16 said:
I've already got my survey done and approval by the HOA. The fence company is getting the permit, and we had the utilities marked.
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Legally and technically, regardless of where you put your fence, your property line doesn't move. However, leaving a 6" backup gives you complete ownership of the fence, but it gives your neighbor the PERCEPTION of owning that 6". How much of a prick do you want to be? How much of a prick is your neighbor going to be?

You could go back 16" and plant something "decorative" on the outside of the fence. You'd have to go through and "maintain" your plantings which gives you good reason to keep an eye on what he's doing over there. Or, plant some cannibis along the fence and pretend its his...:D
 
This stuff gets really computationally intensive really fast.
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Yep. The survey projects I've seen that used for were laying out the stakes for the receiving and source points for 3D seismic exploration. Talk about complicated...

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edited to add:
I forgot to make my point: It's unlikely the neighbor's friend has one of those survey-quality GPS systems.
 
The fence could be four feet tall and do the job of frustrating the idiot neighbor. Of course a reinforced concrete wall would be even more fun. :)
 
12 foot chain link. Build it 6" toward your side off the line. Then put a 12" coil of Constantine (razor) wire on the bottom and top of the fence. Keeps the kids and dogs off the fence. Motion sensor activated spots on each post. Light up his world.:D
 
well guys... I love the razor wire suggestions but my neighborhood covenant states no chain link or such. I am going with a six foot privacy fence.

I received this suggestion from another forum:

"I would suggest that if you decide to keep your fence 6" inside your property then send your neighbor a certified letter stating that fact about the fence and giving him permission to mow and occupy to the fence UNTIL FURTHER NOTICE FROM YOU.

That should prevent any adverse possession claim which would make the fence the property line at some point in the future."

Does that sound legit? I want to avoid an adverse possession claim.
 
Put up a For Sale sign on HIS front lawn, he might get the message.
He might be the type that only understands aggressive negotiations.
As I get older I think my patience is gone, I would have to tell him where he was heading politely.
 
shootist16 said:
well guys
"I would suggest that if you decide to keep your fence 6" inside your property then send your neighbor a certified letter stating that fact about the fence and giving him permission to mow and occupy to the fence UNTIL FURTHER NOTICE FROM YOU.

That should prevent any adverse possession claim which would make the fence the property line at some point in the future."

Does that sound legit? I want to avoid an adverse possession claim.
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That should do it, check to see if it can be filed in county clerks property records, along with your current deed. If it is published (recorded) even if he sells, the new owner also has been notified by way of publication or recording.

James
 
shootist16 said:
Does that sound legit? I want to avoid an adverse possession claim.
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No. I'm not a lawyer, but I think he would have to agree to it and there might have to be some consideration such as him paying you a dollar a year to rent the land from you.

Again, I urge you to talk to a LOCAL real estate lawyer who knows the local laws and practices.
 
Gollnick said:
This is all going to vary depending on local codes. Keep in mind that city clerks, while often quite knowledgable, are not lawyers. You really need a local real estate attorney.

Keep in mind that attorney's fees may be tax-deductible... consult your tax attorney about that.
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I agree with Gollnick, And look for a real estate attorney.

You are on the right track with getting the land surveyed.

BTW A fence will help him stay honest.

Check into your local set back rules and regs.

Also talk to as many different people in Local Government as you can to get the straight story on the laws of the area, nobody knows everything.

Besides, this guy sounds like he is an ASS.
(I know this comment off color for 555, I just could find the right word.):D
 
It would make sense to cover all your bases. You should check with the HOA first to see if he broke any of the HOA's rules and regulations. Then you should check with all levels of local government to see if he was required to obtain permits and to see if he violated any of the local zoning regulations, such as set backs, side yards, etc. Finally, check with the zoning board as to the procedure for obtaining a variance. In most jurisdictions, you will receive notice of any proceedings and can appear at the hearing and object to the variance either personally or through an attorney. Getting good legal advice early in this process would serve you well. Just my $.02.
 
NTK57 said:
It would make sense to cover all your bases. You should check with the HOA first to see if he broke any of the HOA's rules and regulations.
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He did break HOA rules. He has one friend on the HOA that actually voted to do nothing because "he has put a lot of work into it and it will look good". It doesn't look as though they are willing to do much about it.
 
If he has a HOA friend, make double-sure your fence conforms to the neighborhood guidelines. Having to tear down your new fence would be a huge 'victory' to your jerk neighbor.
 
Just make sure that you go through the right channels and keep paperwork on everything to cover your ass and you will be fine. I suggest taking some pictures before he has a chance to remove anything else. You will then have documented proof that he was breaking the law and that will help you should you need to go to court over the whole thing.
 
Better yet, freshwater pirana fish in the koy pond.

"Wow! I didn't know that pirana were native to this area!?! Must be global warming! What did the doctor say about your hand? It'll grow back, right?"
 
I'd like to share..
I have 6' wood stockade around my whole backyard that is 10"-16" inside my property. I have four neighbors that border it, One left one right and two in back. 3 do a pretty good job of keeping their side clean. One in back does not and lets all kinds of crap (dirt, leaves,weeds etc.) build up against my fence. This greatly accelerates the rotting of the fence. His yard is totally enclosed as well, but he manages to keep his fence clear of debris. The side we share he doesn't care about. I talked to him about it one time and he was like "Oh yea, sorry, I'll take care of it". Big surprise- He didnt do squat. I had no way to get back there to clean it myself, since his yard is totally fenced too.

When I finally ended up putting some new fence in, I mounted one section on Mr. Yard Junks side using metal brackets and screws from the inside so I could easily remove it to maintain the other side. A poormans gate if you will. Consider doing this if access to the back of your fence will be blocked.
 
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