question about property lines and fencing, legal pros help!

[Shiper]

I live on a little over an acre. A few months ago I put up a fence around the house to have a back yard for my son and dog. I put it inside the property lines deliberately, partly so I could walk thru to the back of my lot and partly because I didn't need a fenced back yard that big.

Now it looks like my neighbor is putting up a fence. Looks like he plans on running his fence all the way to mine, using my fence as part of his. I don't blame him, fence is pretty expensive, but like I said, my fence is several feet, like maybe 8, 10 feet inside the property line. That means he is basically just absorbing part of my yard by using my fence.

That shit isn't okay is it? I don't really care I guess, just less for me to mow, but it is my property. What happens if one of us decides to move, or I need that land for a pool or whatever the case may be?

Advice on how to handle this with my neighbor, who I don't really know at all? Legal issues? Thanks guys!

 

[oldmodman]

No. He will be taking property belonging to you if you don't do something about it.

You should contact a property real estate attorney. It may only be necessary to have a letter drawn up and filed with the county stating that the neighbor's fence is on your property and while you chose to allow it, the property right remain with you. And when you decide to sell the fence that the neighbor is putting up goes with your property. At that point the neighbor will probably change his mind.

I would almost bet that he is only putting up the fence because he thinks he can gain free property due to your "mistake"

 

[tistan]

I wouldn't let him do it. Legally he needs permits to build a fence. If he starts to build without a permit, call the county or city inspector. If he builds on your property line, call the inspector and report him. That way the inspector can come be the bad guy and you don't look like a bad neighbor. If he gets a permit, the property lines should be laid out and they should not give him a permit to build his fence on your property.

 

[flyby763]

Why don't you just walk next door and talk to him about it?

 

[LS2GTO]

That shit isn't okay is it?

No it's not ok both from a legal standpoint and just the principle of it. If you are friendly with the neighbor, kindly inform him of where the true property lines are and that he should build the fence accordingly.

If you hate your neighbor, let him build that shit and then report it to the appropriate authorities so that he has to deal with the cost and hassle of redoing the fence where it belongs.

When it comes time to sell the house and it's advertised as x amount of acreage, you don't want to deal with the complications when the buyer realizes that he/she is not getting exactly what is on the contract. Sell a house with 1 acre but actually deliver .90 acres and you're in deep shit.

 

[Outlaw99]

you can always do nothing. wait until you sell your house, or he sells. then an appraisal will be done, at some point it will come up, they will re-survey and make corrections based on your fence lines and the fact you didnt go talk to him quickly, and you will lose money, he will gain money.

 

[Shiper]

We both work in the oil field, I'm rarely home, he is rarely home. If I see him, I will go talk to him. Just wanted to know where I stand before I go knocking on his door.

My lawyer friend says if he just builds the fence and I don't speak up, squatters rights come in and he just takes over the land lol, that's crazy to me

 

[EatonEggbeater]

Wait until he finishes his fence, then move yours to the property line.

That way you can get your land back and steal his fence in the process.

 

[03cobra#694]

Not sure how it works there, but you need a permit for everything here and that would never happen. You would have submit a survey/site plan showing that the fence was within your property lines.

 

[motoman991]

Move your fence to his back door.

 

[SpectorV]

the guy next to me did this same thing, but only by like 2 feet.... if I ever build a fence he can lose 2 feet (usless area) or I can gain it~ he didnt build on his line (for some unknown reason)

 

[fiveohhhstang]

We both work in the oil field, I'm rarely home, he is rarely home. If I see him, I will go talk to him. Just wanted to know where I stand before I go knocking on his door.

My lawyer friend says if he just builds the fence and I don't speak up, squatters rights come in and he just takes over the land lol, that's crazy to me

Yes, he can acquire the land through adverse possession. First thing, I would talk to him about it and let him know you aren't OK with him using your fence. He may think that your fence is on the property line, so I'd clear that up with him.

Edit: Did a quick search, and the law in Oklahoma is 15 years for adverse possession. This means that he has to maintain control of the property for 15 years uninterrupted. Obviously you want to have this all sorted out before he gets the fence completed however I wouldn't go crazy thinking that he will automatically acquire your land in a short period of time.

 

[jcthorne]

You need to speak up to protect your property. But, just talk with the guy or leave him a nicely worded note. He likely just thinks your fence is on the property line.


I was on the other side of this situation but I knew my neighbors fence was well inside his property. I approached him about what I had in mind and we reached a very workable deal where I lease the section of property (large enough to store my car trailer between two fences) for $100 a year and I put up the double front gate for access. I also gave him a key to the fence and he stores a few things along his side. Worked out well for both of us and the written agreement protects his property ownership.

 

[Sirhc7897]

Yes, he can acquire the land through adverse possession. First thing, I would talk to him about it and let him know you aren't OK with him using your fence. He may think that your fence is on the property line, so I'd clear that up with him.

Edit: Did a quick search, and the law in Oklahoma is 15 years for adverse possession. This means that he has to maintain control of the property for 15 years uninterrupted. Obviously you want to have this all sorted out before he gets the fence completed however I wouldn't go crazy thinking that he will automatically acquire your land in a short period of time.

Yeah the process takes a while. He will also need to have filed a deed on it which is easy to do (I can go file a quit claim deed on the white house if I want to...it doesn't mean anything unless coupled with adverse possession). It would also certainly fit the requirement of having bene open and notorious...

However, if you really don't care that he fences into your property just have a document drawn up and recorded with the county. It doesn't have to be done by a lawyer but would probably be a much better looking document acknowledging that you two have mutually agreed to let him run his fence to yours but you will still be retaining possession of the property...That way there's always some type of binding document that keeps that adverse possession clock from ever getting rolling....This would be especially important if he was to sell and move on without making the purchaser aware of your arrangement and the new homeowner tried to make a issue out of it down the road...

 

[fiveohhhstang]

Yeah the process takes a while. He will also need to have filed a deed on it which is easy to do (I can go file a quit claim deed on the white house if I want to...it doesn't mean anything unless coupled with adverse possession). It would also certainly fit the requirement of having bene open and notorious...

However, if you really don't care that he fences into your property just have a document drawn up and recorded with the county. It doesn't have to be done by a lawyer but would probably be a much better looking document acknowledging that you two have mutually agreed to let him run his fence to yours but you will still be retaining possession of the property...That way there's always some type of binding document that keeps that adverse possession clock from ever getting rolling....This would be especially important if he was to sell and move on without making the purchaser aware of your arrangement and the new homeowner tried to make a issue out of it down the road...

Best solution right here if you don't mind him using the property.

 

[SVT4ME]

Whether its two feet or two inches have him take it down. He dies, sells, rents out your property or you lose it in court is t a win for you. Unless you don't care then put it in writing what you both agreed too.

 

[TheShadow]

I came home one day to find my neighbor had a crew installing a fence that intruded about 8' into my yard. He's a pretty strange person, and has, on more than one occasion, dumped brush and yard debris in the natural section of my property. Because of this, I made him move it. I suspect it may still be a couple of inches on my side, and county ordinances state there must be a setback. I think I may just call for a survey and make him move it again, LOL!

 

[ford fanatic]

.............

 

[ford fanatic]

Yeah the process takes a while. He will also need to have filed a deed on it which is easy to do (I can go file a quit claim deed on the white house if I want to...it doesn't mean anything unless coupled with adverse possession). It would also certainly fit the requirement of having bene open and notorious...

However, if you really don't care that he fences into your property just have a document drawn up and recorded with the county. It doesn't have to be done by a lawyer but would probably be a much better looking document acknowledging that you two have mutually agreed to let him run his fence to yours but you will still be retaining possession of the property...That way there's always some type of binding document that keeps that adverse possession clock from ever getting rolling....This would be especially important if he was to sell and move on without making the purchaser aware of your arrangement and the new homeowner tried to make a issue out of it down the road...

This. My neighbor asked if he could widen his driveway when he was having it paved, it was going to go into my property about 6 feet. We agreed and had a notarized letter drawn up. He recently sold and the letter satisfied the bank for the seller and the new buyer.

 

[Stanger00]

Wait until he finishes his fence, then move yours to the property line.

That way you can get your land back and steal his fence in the process.

I was thinking the same :banana: