Dept Of Economic Development

What do you do when a very rude neighbor builds his fence on your property?

My neighbor is an idiot. He lives right next door. If we pull out of our drive ways at the same time he acts like it’s a Nascar race. He recently called our local dept of economic development on us because the backboard of our basketball goal was broken and lied to them saying that glass was everywhere. It’s 1/8″ plexiglass and none was on the ground. I removed the remaining backboard and replaced it with a sign that says “IDIOT” and pointed it at his house. Now, I want his fence off my property. Can I just destroy the section of his fence that is on my property? Can I paint it rainbow colors? Any advice would be useful. The same agency he reported me to refuses to do anything about it.

First thing that most people forget…. you will probably living at your current residence for at least a few more years as will your neighbor. This statement of fact should be at the foremost of your decision making as you go forward. That being said…

You should be able to locate the buried survey rods in the ground that designate the corners of your lot. If you cannont find them, have a survey done so that the proper boundries can be identified.

Once the corners or identified by the survey rods or a new survey, place a wooden stake at each corner. Then look straight down between the stakes to confirm the fence is on your property.

If the fence is on your property you have the upper hand and you should procede in a methodical professional manner. Ask him KINDLY to move it so that it fully resides on his property. Do not get irate, angry, mad, rude or anything else, keep it professional and business like. If he disagrees with the location of the fence, point out the stakes/survey marketer. If he get’s rude… just walk away, remember, you have the upper hand. Argueing, fighting, calling each other names will resolve nothing but make it more difficult for you to accomplish what you want.

If the fence is on your property and he refuses to move it. Pen a professional styled letter that includes a copy of the survey (new or original when you bought the home) and state that you want to fence removed within 30 days. Send this letter to him via certified mail. If he refuses receipt you will get the letter back, DO NOT OPEN THE ENVELOPE. At the end of 15 days send a second certified letter requesting he remove the fence within 15 days. If he refuses receipt you will get the 2nd letter back, DO NOT OPEN THE ENVELOPE. Keep all certified letter receipts and returned letters.

At the end of the 15days, using a chalk line, mark where the fence crosses onto your property. Post a ‘notice’ on the fence at that point stating that the section designed will be removed on a specific date that is 5 days or so away.

Previous to the date specified, contact your local sherrif/constable and explain that you will be removing the fence and your neighbor has not been cooperative and you suspect he may try to prevent the removal. This will put them on notice so they can ‘swing by’ during the removal process or at least be in the area when you do start the removal process.

If the neighbor tries to prevent you from removing the fence, just go inside your home and call the authorities. When they arrive show them the ceritified letters, the removal notice, survey, etc. They will then allow you to remove the fence and will convince your neighbor to either watch or go to jail.

It’s a long process.. I know… but keep in the mind that first statement! Also, by having the survey rods marked the neighbor cannot argue the fence is over the line. He can argue however that the survey rods are not correct and then you’ll be forced to have a new survey done to insure that you are correct. Surveys could cost you around $350 to $400.

Hope this helps and good luck.

Oh.. I’m not sure what state you are in, but in Texas, if someone builds a fence that crosses the property line and the owner of the adjance property is aware that it is over the line and doesn’t do anything about it for a specified period (5 years I think) then the property line is shifted to where the fence is. So… you should insure that the fence is located where it should be.

Occupational Outlook Handbook 2011-2012 $11.49 The most comprehensive, up-to-date resource available for choosing the career that’s right for you When making a decision about your career path, it is crucial that you consider any aspect of a job that will affect your future, your sense of fulfillment, and your bottom line. With current statistics from the number-one source of job data in America—the U.S. Department of Labor—the Occupation…

Assignment: Pentagon: How to Excel in a Bureaucracy $22.95 Since the first edition of Assignment: Pentagon was published in 1988, great changes have occurred in the international environment, the application of U.S. national security strategy, and the manner in which the Pentagon functions. Now in its fourth printing and with a coauthor to lend a different perspective, Assignment: Pentagon remains the best book for anyone who works for the Pentagon, or fo…

Human Resources in the 21st Century $4.99 New and faster technology, redefined values, and shifting customer demands are changing the way businesses operate in the twenty-first century. Human resources and business leaders are faced with the challenge of redefining their strategies on leadership, talent, and diversity, while evaluating their operational effectiveness. This book presents the compelling contributions of thought leaders-such…