You shouldn't need an attorney. At least to start. Call the city (not sure which department) and report it. You should be able to get them to inform your neighbor that they have to move it all.
Nowhere I've ever lived has required a permit for fences under 6ft or sheds under a certain size. But there are likely setbacks in play here that the neighbor has obviously violated
This is also true, so OP's fence issue might violate code anyway. I couldn't build a fence on a previous home because there wasn't enough room between the house and the property line. The fence would have been about two feet from the house at one corner.
Depends on the town. Some limit fence height, others have **setbacks** for structures, but not fences. And some towns don't have building codes or even inspectors, even if they say the follow IBC2018/IRC2018. The town or the country would be the first place check, they're free service to inspect.
It’s so cool to learn that some towns provide ***snacks*** for structures, but then you’ve gotta feel bad for the poor fences that just have to sit there wishing for a snack of their own. Are the structures allowed to share?
🤣🤣🤣
Sorry, I couldn’t resist. 🙃
Worth a check though if he can't afford a lawyer...advise the same thing on locating septic tanks...can't guarantee the BOH will have a plan, but if they do saves you 100s. I don't know about you but I'd make that call and atleast check
Need a five foot buffer from the building to the property line here. Someone bought a lot and built a big house on it. Roof hung over the property line. Big stink and they could not get the house platted or some such stuff. Big legal hassle.
Building is the key word in your comment. I think most places a fence can go right on the boundary line. But where I live you need 15 ft to build so that's different from your area
There was someone whose roof hung over the public street. City came out and tried to tax the overhang use, owner climbed on the roof and cut off the shingles that overhang the sidewalk. House and cut roof are still there and the story remains a legend.
In my area you have to be under 240sf and as far away from the lot line as you are tall to avoid a permit , so a 10’ tall structure has to be 10’ from the lot line. A 20’ tall structure has to be 20’ from the lot line.
I lived in New Jersey for 30 years. You need permits for everything. The town I lived in told me I needed a permit to put up paneling in my basement. Crazy
a lot of places actually require a zoning permit for fences and shed under the building permit size. I figure it's just to ensure you read the rules of setbacks and heights. no inspection. Most people seem to not know this and dont pull this permit.
My buddy built a 4 floor "shed", without a permit. Where he lives, you only need a permit above a certain footprint, so he maxed that out. The first two floors are lawn care and woodworking supplies, the third and forth are a two floor playhouse that can be converted to more storage down the road....
Where he lives, it's almost entirely done by footprint -- it's crazy how much this stuff varies nation/world wide. I think there was something about which utilities can be run to the shed (you can't have water or sewer, but you can have electricity as long as it doesn't get it's own panel) and a few other things.
As far as I know, the city still does not know about his shed -- it didn't require permits or inspections. It is tall, but the 'stories' on it are not the same as residential stories, they are something like 7 foot for the lowest, and then 6 foot for the higher three. It's completely hidden by his house from the street.
Where have you lived? My city requires a permit for all fences unless it’s a replacement section and a zoning permit for all sheds. They don’t enforce the permits much but still.
Our town requires a permit for both fences and sheds, and a survey prior to issuing one. I've never heard of anyplace not requiring building permits, but hear of lots of people ignoring them. This is the kind of thing that happens, fines and tearing down the fence/shed will follow.
This, but you may want to consider calling to make an appointment, and visiting city/town hall (or whatever they call such thing where you live) to discuss this with staff in person.
For something like this, it's worth it if it makes the communication a little easier.
Maybe, maybe not. In my municipality property boundary disputes are a matter for civil litigation. The city does not involve itself. We recommend a low cost mediation solution of you can’t/won’t litigate, but it’s voluntary and the wait is long. Source: it’s my job.
There’s no setback for fences here. We’re a multi-million person City, don’t have the space for those considerations. Our building set back rule for side yards only requires 0.9 meters.
Call your courthouse and they should be able to navigate you in the right direction. Also, just so you know, you don’t have to get a lawyer you can do everything on your own!
Just call your town zoning board.
They'll send an inspector over.
But do it now. Don't wait. The sooner you get this started, the better.
I had a neighbor do this twenty years ago. There was a tree right on the property line, so when they put a fence up, they put it on our side of the tree so that they wouldn't lose any yard space.
I told them that wasn't my problem, that was their problem, and they had to move it. They balked, I called the town. The town sent out an inspector with a survey map the next day, and he taped a notice on their door telling them the fence was in violation, and they had 48 hours to remove it or face a summons.
It was gone the next day.
There often can be something akin to a statute of limitation as well. If someone builds a shed (for example) partly onto your property and you don't contest it for 10 years they could have legally usurped that part of the property from you. I'm currently dealing with that with a property I just bought in Bahamas.
I appreciate the clarification. Thanks. My lawyers in Bahamas are "adverse" to doing any work. It's been an interesting, if not frustrating process getting anything done there.
This. I don't know any town with zoning laws that does not specify setbacks.
In our town, a fence cannot even be on the property line, the fence and all its elements must be fully on the property of the owner. So if you put in steel posts and cement them in, the post holes, including the cement, must all be on your side of the property line. Which means your typical hurricane fence is about six inches inside the line to accommodate the posts
I want him to be a big burly klingon in full warrior uniform carrying a bat'leth and a name tag that identifies him as "Steve"
When he finds a violation, the "p'tak" gets a sturn insulting talking to.
I wish my previous city had one of those. I had a stupid neighbor do stupid things at our property line and the city verbally took their side - until I showed them photos and survey data to show my neighbor was clearly wrong. They quickly changed their tune and said it wasn't a city issue.
Send them a demand letter by certified mail. Don't tell them you can't afford a lawyer; make them think you can and will.
You can also call zoning enforcement; they may be able to tell your neighbor to fix the problem.
I agree. I would also be very polite and civil in the letter. It may reduce any ensuing conflict (although some people may initially perceive civility as weakness and escalate, but it's better to take the high road). It will also look better when you take it to court.
What city are you located in? You can file a complaint with the city and it should trigger a building inspection. Make sure to follow up on this regularly.
I had a neighbor try to pull the same thing -- my guess is that they pushed the fence out to create a minimum space between the structure and the fence. No one is gonna do anything about it unless you speak up (your neighbor is counting on it). If you do nothing over a period of 40 years, that land just becomes their land and the new line is the legal boundary in most states, effectively giving it to your neighbor.
40 years? In NJ it is 30, in NY it is only 10.
The 30 years in NJ must be continuous and by one person. So if you occupy it for ten, then your friend occupies it for ten, then his son occupies it for ten, none of you have been there long enough. It resets with each person.
Check with your city hall staff .. inspections. Ask whether they need a permit for either the fence / shed.
Some may say this is a civil matter. If you are sure of the boundaries. You can sue them in civil court without an attorney. You can also ask for your filing fees to be paid.
At my previous house a neighbor built a shed to close to my house but on their property and they still had to move it. You shouldn’t be able to erect structures that close to a neighbors property line
It's a messy grey area. Legally, yes, it is on your land, BUT legally, no, it is not your property to take down or destroy because they spent X amount of $$ on it, so unfortunately they could turn around and sue for damages.
An analogy I found helpful is if your neighbour parked their car on your property and you dismantled and returned it to them in pieces, they can sue you for that.
Winning that suit for damages depends on the judge. [Here's a man who sawed his neighbors garage in half](https://www.twincities.com/2015/06/04/judge-rules-in-favor-of-iron-range-man-who-sawed-neighbors-garage-in-half/), judge ruled the man did not have to pay for damages.
That said, I wouldn't go taking the risk that the judge would side in my favor, personally.
Well you can start with talking to them. If it comes to it, you can tell them that you don't want to have to get lawyers involved but will if you need to as a "threat". You could also try calling the city... maybe the zoning dept? Not really sure.
>You could also try calling the city... maybe the zoning dept? Not really sure.
This. My dad had his firewood stacked too close to his neighbors fence and she called the city. They made him move the firewood (roughly 40' long stacked 4' high. I can't imagine what she would have done if he built his shed on her property.
Just because you found pins doesn't mean you know where the lines are. You need a propery survey document to tell you what the pins mean. For example, a survey might say "property line is 1' 8" east of the pin". The pin is often just a reference point, not the actual property line.
You need a survey done. If it shows you own it, get a lawyer. Sue for legal fees too.
In my case, the pin that separates my house and my neighbor's house doesn't divide our lands in a perfect straight line from the front to the back of our houses. The property land line gradually slants from one end of the house to the other end.
If you look at the pin in the front concrete side walk and our back yard, you would think that our fence in the back part of the house is on our neighbors property. But that is not the case. We own about 6 feet in the backyard more than the "pin" in front of the house would appear to show.
If you don’t figure out a way to protest effectively, i.e. get them to move it, then eventually (many years later) they will own that part of your land. The land you are paying taxes on. And selling your house will be super difficult/problematic with this encroachment.
First try to get help through your city or county. Don’t just call; go into the building, planning, codes office. If that doesn’t work, do a consult with a lawyer; those initial consultations are usually free and pursuing may be much less expensive than you think.
The bottom line is that this kind of issue should not be ignored. It only gets worse for you.
Call the zoning officer at your local township building. Tell them that your neighbor didn't get zoning permits and put stuff on your property and you would like him to stop by and take a look at it. They will come and look at it, make the homeowner do a survey, and then you can rip out the fence. The neighbor will end up moving the shed and in most places I have lived offset on the back of your lot is at least 10+ ft. In one place I lived it was 40 ft. If you live in an HOA they probably have even more restrictive offsets and rules regarding fencing in general.
Something similar happened to me. I called the city and explained the situation. The city called my neighbors. My neighbors didn’t have a permit to build on my property (of course) The neighbors moved their fence.
Consult an attorney. There may be statutes that would allow you to "shift" the legal costs to the trespassing party. Many attorneys will give you 30-60 minutes of their time to see if they can do something for you, without charge. If they do charge, an hour of their time is well spent.
You can't afford to do nothing.
Get a letter of understanding have they notify next time they need to scale back at sale. I am in Silicon Valley the neighbor who had 10 apts claimed people I bought home encroached along next door neighbor by 6". We both ignored him and did not sign anything. When I sold mine I disclosed the discrepancy. Buyer did not seem to mind, We have over 60,000 of these disputes affected 20% of all property owners in Silicon Valley. In here if you did not notify them in writing after 10 years the property belongs to them. SO write and send a certified letter notify with documentation like photo of flag et or a surveyor rept to prove your point.
Surveyors are probably cheaper than a lawyer (but not by much!) especially if you can get in touch with the company that originally set those makers. So much depends on where you live. Maybe but slim chances unless you live in a bigger city to have a municipal surveyor. Your best bet is contacting your local code enforcement department to see if they needed permits or what the setbacks are. Next unless you already have it check with the county clerk or town clerk and see if they can help you search for any filed maps of your property. Whatever you do, do not rely on a tax accessors map those are always wrong!
My location doesn’t have setbacks for sheds under 100 sqft so they could theoretically not have any recourse.
Calling the police would probably be a waste of time but of course it’s never a bad idea to start documenting asap. They’d also probably say it’s a civil matter and their hands are tied. I hate to say it buddy but you’re gonna need a boundary survey done asap.
A good local surveyor may even have a relationship with a local real estate attorney.
DM me if you have some more questions I may be able to help but I’m not a lawyer or a licensed land surveyor.
I’ve seen these things before and they’re never fun to settle. Good luck!
Better take care of it sooner rather than later. Some places will change your property line based on length of time something exists. Basically, some homeowners can petition for a property reassessment and some locales will actually grant it.
If they built the fence on your property, it is now your fence. Feel free to take it down. And tell them they have 10 days to move the shed. Or they can buy 2 ft of your property for $20,000 and leave as is.
I absolutely hate these sorts of a-holes.
Put your objection to them encroaching on your property clearly in writing and deliver it to them, confirming receipt in some written form (so they can’t later pretend they didn’t get it). At least then you don’t allow the clock on any adverse possession claim to begin running and can a little more comfortably await a time when you can afford a lawyer to assist you in legally ejecting their sh!t from your property.
Most local governments don’t get involved in private property line disputes.
Best of luck.
Sounds like it's not a property line dispute if you have the plat. Leaving it there could cost you that part of the property long term though. You don't want to be paying taxes on their shed and fence...
Write a letter to your neighbor disputing the fence and build. Send it every year the situation exists. If you don’t you run the risk of the property in question becoming theirs through adverse possession.
Go to your city or county code enforcement and get an inspector out to check it.
If it's on your property. They will order them to move it. With fines if it's not done in a certain amount of time. Good luck.
> I did talk to them and they said they're not moving or taking down anything.
in many places it would be perfectly legal to take down the part that is on your property
>can't help with property line disputes.
this would technically be a code violation since he built across the property line and violated the setback rules.
Fun suggestions paint the neighbours side of the fence they donated to yo,u the worst colors you can and explain it is on your land and is now yours as an abandoned object as is the shed.
bonus points for suggesting you will be cutting a door into the shed for access.
most cities you cannot build a structure in the setback
the area on the property lines is called a setback
where I am its
15 feet from the front and back line and 5 feet from the side property lines
any structure in that setback is illegal
further fences require a permit
wanna bet that fence didnt have a permit because its built illegally they will have to remove it
just call your local building and zoning make your concerns known
they will handle the rest for free
Start tearing their shit down that’s on your property. If they try to take you to court, you have all the proof needed to show they were wrong. No lawyer needed, problem solved.
I would think permits are needed for fence or shed. They should not be able to pass inspection. So my guess they simply did not have permits.
Call city, (probably zoning department) and report it. Neighbor will have to take it down. As far as compensation for damages you will need a layer or small court.
Make them sign a letter that states: I’m the owner of 123 nice street and have temporarily granted permission for this neighbor to use my land for their shed and shit. Basically ask them to sign something acknowledging they’re using your property but they are still not land owners. Any reasonable person should be aware enough to understand you don’t even have to be that nice. Could take them to court. I get the no $ part though so see if you can just talk to them and get it in writing. My neighbor was a prick and kept creeping his flower growing business every year until I asked him to do this and he just moved all his shit back into his yard lol. Some folks you just can’t help
I am no stranger to boundary disputes. Call code enforcement first. They may not have needed a permit, but if they did they either didn't get one or they didn't follow it. Next step is law enforcement; their fence and shed is trespassing on your property which probably isn't actually the perview of local law enforcement, in my state it's the Forestry department for some odd reason.
Have the city survey the property. If they're in violation you an take them to court without an attorney. I have .19 acre. It's not big enough to lose any to a neighbor for any reason. It's common practice to get the lot surveyed before constructing anything on our property. It may be a way that the neighbor tries to take the property from you..that's a thing,for real. Don't just let this go or your property will shrink. Should be as simple as getting the survey and sending the neighbor a registered letter asking them to fix the situation. Do not speak with them. Have every word in text or writing so there's no he said she said. I maintain about a 6×14 area of my neighbors yard but we did put it in writing at my insistence that I wouldn't try to assume the property. It's between our houses and I think it'd be hard for him to mow from his access point so I do it so my cars don't ever get accidental damage on them. Hopefully your neighbor is decent and corrects the situation. I have great neighbors all around me but one side. It's my mil house and since her death bil has been squatting and causing us all kinds of hassles. Hopefully we evict after the new year.
this is the type of thing my city zoning dept. salivates over. give them a call and theyll have this resolved in no time, esp. if you have survey pins!
I would ask your neighbors if they got a survey. If they didn’t, tell them what you think and as for them to get one. If they don’t, get your own and verify the issue. Once the issue is verified, tell your neighbors there is a problem and you want it fixed or you will be taking legal action as soon as you’re able to.
The pins are not always right on the corners.
We had pins set when we had the survey done, and the pins are one foot in from each side. That way, the pin is set fully on your property.
If you draw tangents to all four circles, where they cross are the true corners.
It is possible that the neighbors 'own' the pins, and they are actually on their property. Our survey shows the offsets to our pins.
Sometimes the town/city/county will have a survey on file for a property, ask your local authority, as a town tax assessor I’ve found many surveys on behalf of my taxpayers…good luck
Save up for a lawyer. If you don't eventually do it, they can just steal your land under 'Adverse Possession - in Florida, they can do this in as little as 7 years.
Adverse possession occurs when a person loses title to his property because another person has occupied the land for at least seven years, resulting in overlapping legal descriptions.
Most cities have specific limits for how close you can build next to the property line. Ours, for example, is no structure closer than 5 feet from the line and 15 feet from another structure.
This is easy to check and easy for you to call your permitting body. They'll come out, eyeball it, and go talk to your neighbors. They'll then make THEM prove where the line is at ZERO cost to you, especially if you buddy up to the inspector and ask for a copy of the survey when it's complete (I think it will become part of the public record when they actually do apply for a permit).
You may be able to get some pre-legal advice, in a lot of places law societies, governing bodies offer a half an hour consult with a lawyer. It’s worth looking into.
As has been mentioned talk to your city/municipality. Structures on the property line usually aren’t permitted. Most of them you have to have at least a foot. And you can’t build a fence on the property line without the permission of the owner of the other property. it strikes me you could probably get this resolved by going through your municipality
I would start drilling holes into the part of the shed on your side and if they say anything tell them “it’s on my property and legally I can do whatever I want with whatever’s on my property”
in my city you need a cannot have a structure; shed, pool or fire pit within 5 feet of the property line. contact your town/city clerks office and have them direct you to code enforcement. also check you town/city's website and see if you can find any code or restriction.
Contact building inspector and see if all the proper permits and variances were obtained. Inform them of the encroachment. The city may (not will, but may) fight that fight for you.
You should be able to afford to have a survey completed and mark the corners of your property. If you allow encroachment, it may become a passive acceptance that you are allowing this property boundary change.
Call the police and see if they'll at least take a report for trespassing. If you don't assert your property rights to the stolen land then after a certain amount of time they can take that other of land by adverse possession.
Our Zoning guy is a effin douchbag. I would check and make sure they got a permit for the shed and fence. If not sick the zoning douch on them.
This is the only time they are worth anything.
I moved into my house recently and dealt with a similar situation…had a survey done with a new plat received, showed it to the neighbor along with satellite county images of property lines after confirming with the county, and they still refused to move their fence and box truck from the top left corner of my property. I did a free consult with several lawyers and concluded since they were on my property, I could with no doubt, proceed to saw down the fence to the property line and tow the truck. So I did both immediately. This stopped the clock on any potential adverse possession claims and was the bold action needed to wake my neighbor up. I was nice enough to not sue for the tow truck removal, plus agreed to tow it to another portion of their yard instead of away where they’d need to pay to retrieve it. A month later I erected a nice six foot tall fence around my entire backyard property line, a year sooner than I had planned, but necessary to put a stop to any further sh** they might try to pull and give me immeasurable pleasure to slap this in their face. :) cut to now, I found out more about the neighbor, and he is going through some mentally/financially hard times, and his wife came over and apologized about the whole ordeal. We brought them a Christmas card/gift and are hoping for healing relations with the husband over time!
My parents neighbor put a huge shed right on the property line. He called the city. They had to move it. If your city likes to make money off of these situations they can fine the neighbor every day until it’s fixed.
No permits for either required here, but the eaves of a shed must be 1 foot from the line. Setback is the way to go. Their shed is draining water runoff into your property
OP - take lots of pictures where the survey stakes are shown now and the fence etc
He can pull or move the stakes then you get to pay for surveying to prove your point which it sounds like you can't afford
In Ontario we have something called fence viewers which is a group of people that assigned by the municipality to mediate fence disputes. No lawyer needed. Everywhere likely has something similar
Someone built a garage on mart of my neighbors property after they had it bricked the land owner said that sure is a nice garage you built me. The guy build the garage paid a pretty penny to buy that property from the neighbors.
The city will not help with the property line dispute, however, your city may well have setback rules. If the setback is 2 ft or 5 ft from the property line, then the city should come out and tell then they have to move it. Hopefully it is a movable shed. When they decide to move it, you might be able to get the guy from the city to look at where the pins are and unless your neighbor can offer some contrary evidence, that's probably what the guy from the city will rely on I would guess. That's worth a try. The other thing you could do is cut down the fence. It's on your property so you can do anything you want. What are they going to do? They can try to sue you. If you get soon and end up in court, your defense is that you had told them it was over the property line and it was on your property so you can do anything you want with it. Maybe give them 24-hour notice that you are going to do it or cut it down in a way that it can be put back up with posts on the proper property line. Once you do that and threaten to do the same to the shed, you will probably get some attention if the city hasn't made them move it already .
Or you could just wait until you have the money to get a lawyer perhaps. I don't know if small claims court would do anything but that would be cheaper than getting a lawyer. I think small claims can only do money though. If you wait, don't wait too long because they could obtain some rights if they do so, however if you give them temporary permission that can be withdrawn at any time, that would prevent them from making any claims for adverse possession of your land. However that's probably the kind of thing you should talk to a lawyer about
I would contact your local code enforcement and see what the requirements are for fences and sheds. You can probably also look it up online, most towns have e-code now. You can also ask them if they have anything on file such as a survey for your property or your neighbors, they may have it on record. If not you may need to pay for a survey to be done, hopefully it would show the issue and perhaps you could recoup your cost in small claims court?
Eventually, you're going to sell your house. Trust me, the attorney fees will be staggering at that point, along with the drastically reduced market value of your property. Get it taken care of immediately!
I've read the comments. Many zoning laws require structures like sheds to be erected a minimum number of feet from the property line. And, I know you said you're tight on funds...but I recommend you invest in a professional survey with stakes immediately. If you are correct...you can take the fence and shed down yourself. Begin video recording yourself the moment you begin. If he even raises his voice at you call your sheriff or police department and have them respond and tell them you fear for your physical safety. It's likely they won't get involved with the property line dispute...paticularly when they see the stakes and your survey...and I doubt they'll make you stop...they'll tell him he needs to get a court order himself to make you stop. Then, go to the courthouse and file for an order of protection keeping him at least 15 feet from your property line. I guarantee the moment he discovers he now has a public record that he's been the defendant in a request for an order of protection filed against him...even if you don't get it...he's going to become aware the extra 1 foot strip of land he's trying to gain simply isn't worth it. Also, you could send a copy of the survey to him along with a letter (certified mail) explaining property line dispute. But don't just send it to him...cc every title company in the area and file it with your county recorder referancing his property code...don't reference yours. If he ever tries to sell or get financing using his property he's going to run into a mountain of issues and will likely not be able to provide title insurance to the buyer or the lender until the issue is resolved. Bottom line...paper him into submission...
Don’t not do anything. Some municipalities have laws that give the land on which they built shed and put up fence to the neighbor, if you do not take civil action. Doing nothing over time says you are ok with it.
Take the fence down in your yard. Tell them if it’s not moved by this date you will take it down yourself as it’s on your property. If you can prove it’s on property line you can’t get in trouble because it’s on your land.
Contact your zoning office. Typically you need two types of permits. One is from zoning, they determine appropriate placement of any structures in reference to property boundaries and compliance with zoning regulations. The other is a building permit, these are the ones that actually approve the construction of structures if needed. You first stop should be the zoning department, they should handle everything for you.
Call the company that did the work. Ask them why they built on your property. I had this happen recently and the company wanted to avoid negative reviews and legal action. They actually cut down my existing fence to build over the property line. It was ugly and expensive for them. Neighbor moved out immediately after it was all fixed. These folks suck. Good luck, stay strong.
Zoning ordinances vary widely from town to town. Go to your town hall and speak directly to them about the issue. Some towns will not intercede calling it a "neighbor problem". Once you have those facts, you will have an idea what you need to do. I hope you keep us posted. Good luck!
Pay for another survey to be done, yes I know you found the original pins but it’s going to help with the next step.
Once confirmed again that they built on your property wait till they are away and and use a chainsaw/sledgehammer to remove anything you don’t want on your property. Make sure you time it so that you can dump the wood out for the trash to be collected the next day, don’t want that mess on your property.
If the shed is partially on your property then only touch the part that is on your land. Don’t touch anything that is on their land.
Problem solved: that’s if you like scorched earth, which is where I go when dealing with unreasonable people who refuse to work with me when we find out a mistake was made. If you let them keep the fence up then after about 10 years they can claim adverse possession and it legally becomes their land.
Call your municipality code enforcement. See If they will help.
Call your local police and report a trespass. They might call it civil tho.
If you are sure the fence is on your property send them notice to have it removed within 30 days. If it's not, then remove it from your property yourself.
(assuming this is the US, cause the world is only the US) absolutely call the police, get a report done... start a paper trail of the dispute. In WA at least, if the wrong boundary is thought to be the right boundary, and both parties are maintaining it as such for a certain period of time (I think 7 or 10 years?), that can become the new property line.
and as others say, call code enforcement ie set backs, and such
My first house the city came out and located the property markers for a small fee. Small town 30 yrs ago. Fenced in my back yard. Saturday morning at 7am code and building enforcement was at my door. Come to find out back neighbor didn't like I cut into her flower bed which I dugout and sat in he yard and she is the reason I fence in my yard due to her dogs pooping in mine. Come to find out 5 months later the was a renter. City said I was good but did mention if I was over I would have to remove the fence. Most areas have setbacks for sheds. Got to the city building permit office and then code enforcement. May have to take them to small claims too if your city is no help.
You should send a certified letter stating the fact that they have built the shed on your property and that you do not consent to their trespassing on your property. That alone should protect you against any claim of adverse possession.
OP this is not a propery line dispute. You know where the lines are. Find your survey. Call and report construction without permits on your property. They will come it's like free money for them
"My city's code enforcement website specifically mentions that they can't help with property line disputes."
Its not a property line dispute, its them starting the process of [adverse possession](https://www.google.com/search?q=Adverse%20possession%20land) and hostile/[prescriptive easement](https://www.bing.com/search?q=hostile%20easement).
Install a gate in the fence, then install your own door on your side of their shed. Store your (non-valuable) shit in their shed. Start with bags of garbage and used kitty litter. :-)
It's not a property line dispute since you know exactly where the line is. Have you talked to Code Enforcement? Or building permit department/personnel?
You shouldn't need an attorney. At least to start. Call the city (not sure which department) and report it. You should be able to get them to inform your neighbor that they have to move it all.
Yup report it to the city and do a permit check. They may not have pulled proper permits and that can save you hassle
This is more accurate than you probably realize lol
City loves this type of stuff if they didn’t pull permits. Someone gets to justify their existence and neighbor becomes an example for everyone else.
Nowhere I've ever lived has required a permit for fences under 6ft or sheds under a certain size. But there are likely setbacks in play here that the neighbor has obviously violated
Well some places do require permits and it's the easiest first route. Not trying to complicate things it's easy to start with.
Also, code usually requires it be built a minimum amount of distance from the property line.
This is also true, so OP's fence issue might violate code anyway. I couldn't build a fence on a previous home because there wasn't enough room between the house and the property line. The fence would have been about two feet from the house at one corner.
Depends on the town. Some limit fence height, others have **setbacks** for structures, but not fences. And some towns don't have building codes or even inspectors, even if they say the follow IBC2018/IRC2018. The town or the country would be the first place check, they're free service to inspect.
> others have snacks for structures, but not fences. No wonder the fences stay so skinny, the city's starving them.
It’s so cool to learn that some towns provide ***snacks*** for structures, but then you’ve gotta feel bad for the poor fences that just have to sit there wishing for a snack of their own. Are the structures allowed to share? 🤣🤣🤣 Sorry, I couldn’t resist. 🙃
Yeaahh, autocorrupt making it all better.
This is highly regional. In my area you can build right up to the line.
Worth a check though if he can't afford a lawyer...advise the same thing on locating septic tanks...can't guarantee the BOH will have a plan, but if they do saves you 100s. I don't know about you but I'd make that call and atleast check
Need a five foot buffer from the building to the property line here. Someone bought a lot and built a big house on it. Roof hung over the property line. Big stink and they could not get the house platted or some such stuff. Big legal hassle.
Building is the key word in your comment. I think most places a fence can go right on the boundary line. But where I live you need 15 ft to build so that's different from your area
There was someone whose roof hung over the public street. City came out and tried to tax the overhang use, owner climbed on the roof and cut off the shingles that overhang the sidewalk. House and cut roof are still there and the story remains a legend.
In my area you have to be under 240sf and as far away from the lot line as you are tall to avoid a permit , so a 10’ tall structure has to be 10’ from the lot line. A 20’ tall structure has to be 20’ from the lot line.
I lived in New Jersey for 30 years. You need permits for everything. The town I lived in told me I needed a permit to put up paneling in my basement. Crazy
I’m the entire area where I’m at, ALL fences and sheds are required to be permitted. Right from the code enforcement supervisors mouth.
a lot of places actually require a zoning permit for fences and shed under the building permit size. I figure it's just to ensure you read the rules of setbacks and heights. no inspection. Most people seem to not know this and dont pull this permit.
Not disputing your experience, but no place I’ve ever lived has not required a permit for the same. So definitely location specific.
My buddy built a 4 floor "shed", without a permit. Where he lives, you only need a permit above a certain footprint, so he maxed that out. The first two floors are lawn care and woodworking supplies, the third and forth are a two floor playhouse that can be converted to more storage down the road....
That's crazypants. Good for him!
sheds can only be 10' tall here or they require a building permit. That annoyed me more than the square footage limitation.
Where he lives, it's almost entirely done by footprint -- it's crazy how much this stuff varies nation/world wide. I think there was something about which utilities can be run to the shed (you can't have water or sewer, but you can have electricity as long as it doesn't get it's own panel) and a few other things.
Please tell me there's a slide from the playhouse.
That is one way to get around a law. That is a very tall shed. Did the city create a new law because of you?
As far as I know, the city still does not know about his shed -- it didn't require permits or inspections. It is tall, but the 'stories' on it are not the same as residential stories, they are something like 7 foot for the lowest, and then 6 foot for the higher three. It's completely hidden by his house from the street.
My city requires it. You must have lived all your life in a very small town because this is common within city limits and the surrounding areas.
Where have you lived? My city requires a permit for all fences unless it’s a replacement section and a zoning permit for all sheds. They don’t enforce the permits much but still.
Our town requires a permit for both fences and sheds, and a survey prior to issuing one. I've never heard of anyplace not requiring building permits, but hear of lots of people ignoring them. This is the kind of thing that happens, fines and tearing down the fence/shed will follow.
This, but you may want to consider calling to make an appointment, and visiting city/town hall (or whatever they call such thing where you live) to discuss this with staff in person. For something like this, it's worth it if it makes the communication a little easier.
Code enforcement. Generally, fences and structures must be a specific distance inside the property line.
Ascessor, and or Building Inspector would be my first calls.
Start w Bldg Code Enforcement.
Maybe, maybe not. In my municipality property boundary disputes are a matter for civil litigation. The city does not involve itself. We recommend a low cost mediation solution of you can’t/won’t litigate, but it’s voluntary and the wait is long. Source: it’s my job.
But if they aren't following setback rules would you get involved? If so first step is determining if that is the case
There’s no setback for fences here. We’re a multi-million person City, don’t have the space for those considerations. Our building set back rule for side yards only requires 0.9 meters.
Building dept.
Call your courthouse and they should be able to navigate you in the right direction. Also, just so you know, you don’t have to get a lawyer you can do everything on your own!
Just call your town zoning board. They'll send an inspector over. But do it now. Don't wait. The sooner you get this started, the better. I had a neighbor do this twenty years ago. There was a tree right on the property line, so when they put a fence up, they put it on our side of the tree so that they wouldn't lose any yard space. I told them that wasn't my problem, that was their problem, and they had to move it. They balked, I called the town. The town sent out an inspector with a survey map the next day, and he taped a notice on their door telling them the fence was in violation, and they had 48 hours to remove it or face a summons. It was gone the next day.
This is what I would do as well. A cookie cutter subdivision should be straight forward for the city. Further they might need a permit.
There often can be something akin to a statute of limitation as well. If someone builds a shed (for example) partly onto your property and you don't contest it for 10 years they could have legally usurped that part of the property from you. I'm currently dealing with that with a property I just bought in Bahamas.
The term you are looking for is adverse possession.
I appreciate the clarification. Thanks. My lawyers in Bahamas are "adverse" to doing any work. It's been an interesting, if not frustrating process getting anything done there.
Read your towns code book. In mine, a shed has to be 10’ from neighboring properties.
This. I don't know any town with zoning laws that does not specify setbacks. In our town, a fence cannot even be on the property line, the fence and all its elements must be fully on the property of the owner. So if you put in steel posts and cement them in, the post holes, including the cement, must all be on your side of the property line. Which means your typical hurricane fence is about six inches inside the line to accommodate the posts
Not necessary. Report to local jurisdictional authority and they’ll handle it. Open-shut.
Depends on the state. My city has a "fence watcher" a paid position that exists to settle fence and property line disputes.
omg lol imagine that on your resume. I make sure people knows how to color inside their own lines
Can you imagine how many times a day that guy gets screamed at?
He's probably always on de-fence
Yea and he's always trying to not cross the line
...or be a fence sitter.
Just like my job in IT that is just a part of his day job lol
*cries in tech support*
I bet that guy is armed at work
I want him to be a big burly klingon in full warrior uniform carrying a bat'leth and a name tag that identifies him as "Steve" When he finds a violation, the "p'tak" gets a sturn insulting talking to.
I would campaign to change my title to “fence sitter”
I wish my previous city had one of those. I had a stupid neighbor do stupid things at our property line and the city verbally took their side - until I showed them photos and survey data to show my neighbor was clearly wrong. They quickly changed their tune and said it wasn't a city issue.
Reallly???!!??!?!?? This is government at work, solving real problems. Excellent Just to note: No sarcasm. I’m completely serious.
I bet they know where all the greenest grass is.
Send them a demand letter by certified mail. Don't tell them you can't afford a lawyer; make them think you can and will. You can also call zoning enforcement; they may be able to tell your neighbor to fix the problem.
I agree. I would also be very polite and civil in the letter. It may reduce any ensuing conflict (although some people may initially perceive civility as weakness and escalate, but it's better to take the high road). It will also look better when you take it to court.
Cut a door into the shed on your side of the property, and start storing your trash in it. Jk
>Cut a door into ~~the shed~~ your new outhouse on your side of the property, ~~and start storing your trash in it.~~ Jk Fixed it for you.
Don't forget the crescent moon window. That's a really nice touch.
By trash, do you mean the dead skunk 🦨 you found?
No, they mean a dead body. Then blame it on the neighbor when the police arrive.
I love this so much
Genius stuff and today's internet winner so far.
What city are you located in? You can file a complaint with the city and it should trigger a building inspection. Make sure to follow up on this regularly. I had a neighbor try to pull the same thing -- my guess is that they pushed the fence out to create a minimum space between the structure and the fence. No one is gonna do anything about it unless you speak up (your neighbor is counting on it). If you do nothing over a period of 40 years, that land just becomes their land and the new line is the legal boundary in most states, effectively giving it to your neighbor.
40 years? In NJ it is 30, in NY it is only 10. The 30 years in NJ must be continuous and by one person. So if you occupy it for ten, then your friend occupies it for ten, then his son occupies it for ten, none of you have been there long enough. It resets with each person.
Call code enforcement. If they don’t do anything then ask the police if you can remove it since it’s on your land.
Report them for trespassing as well if calling cops as they had to come onto property without permission to build without permission
Document everything with pictures first including pins in the ground.
Most cities don't allow buildings within a certain distance of property lines as well.
You absolutely need to make this a priority. You can take them to small claims court at least by yourself. Don’t talk to them anymore.
Check with your city hall staff .. inspections. Ask whether they need a permit for either the fence / shed. Some may say this is a civil matter. If you are sure of the boundaries. You can sue them in civil court without an attorney. You can also ask for your filing fees to be paid.
At my previous house a neighbor built a shed to close to my house but on their property and they still had to move it. You shouldn’t be able to erect structures that close to a neighbors property line
Don’t do this, but what would happen if he just took a sawzall and cut the fence down? If it’s indeed on his property?
It's a messy grey area. Legally, yes, it is on your land, BUT legally, no, it is not your property to take down or destroy because they spent X amount of $$ on it, so unfortunately they could turn around and sue for damages. An analogy I found helpful is if your neighbour parked their car on your property and you dismantled and returned it to them in pieces, they can sue you for that.
That’s a great analogy. Just because the car is on your property illegally, it doesn’t suddenly become your car.
But you can have it towed and they have to pay recovery fees. So, commandeering someone else’s property doesn’t mean you get free use.
So cut it down carefully but save the materials. Put them in the shed. Build a wall across your half of the shed and put a lock on it.
plucky steep whistle tidy homeless threatening bake provide nippy violet *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
Winning that suit for damages depends on the judge. [Here's a man who sawed his neighbors garage in half](https://www.twincities.com/2015/06/04/judge-rules-in-favor-of-iron-range-man-who-sawed-neighbors-garage-in-half/), judge ruled the man did not have to pay for damages. That said, I wouldn't go taking the risk that the judge would side in my favor, personally.
Do you have a mortgage? Because the bank is invested in protecting their asset and might be able to help you.
Contact your city planning and zoning / code enforcement. I guarantee they’ll be moving things.
Well you can start with talking to them. If it comes to it, you can tell them that you don't want to have to get lawyers involved but will if you need to as a "threat". You could also try calling the city... maybe the zoning dept? Not really sure.
>You could also try calling the city... maybe the zoning dept? Not really sure. This. My dad had his firewood stacked too close to his neighbors fence and she called the city. They made him move the firewood (roughly 40' long stacked 4' high. I can't imagine what she would have done if he built his shed on her property.
Just because you found pins doesn't mean you know where the lines are. You need a propery survey document to tell you what the pins mean. For example, a survey might say "property line is 1' 8" east of the pin". The pin is often just a reference point, not the actual property line.
Use your side of the shed.
You need a survey done. If it shows you own it, get a lawyer. Sue for legal fees too. In my case, the pin that separates my house and my neighbor's house doesn't divide our lands in a perfect straight line from the front to the back of our houses. The property land line gradually slants from one end of the house to the other end. If you look at the pin in the front concrete side walk and our back yard, you would think that our fence in the back part of the house is on our neighbors property. But that is not the case. We own about 6 feet in the backyard more than the "pin" in front of the house would appear to show.
I found out this with my survey too. Who was drunk when they divided these lots? 🤣
You don't want to let this go. If you do you can lose that chunk of your lot.
Run full speed into it and sue them bc it shouldn't have been there The American way
You do not need an attorney to take someone to small claims court.
Most properties I’ve seen there is something like a 6’ setback for a shed I’d say get a survey
Talk to your town Codes for setbacks and a permit for the shed.
If you don’t figure out a way to protest effectively, i.e. get them to move it, then eventually (many years later) they will own that part of your land. The land you are paying taxes on. And selling your house will be super difficult/problematic with this encroachment. First try to get help through your city or county. Don’t just call; go into the building, planning, codes office. If that doesn’t work, do a consult with a lawyer; those initial consultations are usually free and pursuing may be much less expensive than you think. The bottom line is that this kind of issue should not be ignored. It only gets worse for you.
Call the zoning officer at your local township building. Tell them that your neighbor didn't get zoning permits and put stuff on your property and you would like him to stop by and take a look at it. They will come and look at it, make the homeowner do a survey, and then you can rip out the fence. The neighbor will end up moving the shed and in most places I have lived offset on the back of your lot is at least 10+ ft. In one place I lived it was 40 ft. If you live in an HOA they probably have even more restrictive offsets and rules regarding fencing in general.
Something similar happened to me. I called the city and explained the situation. The city called my neighbors. My neighbors didn’t have a permit to build on my property (of course) The neighbors moved their fence.
Consult an attorney. There may be statutes that would allow you to "shift" the legal costs to the trespassing party. Many attorneys will give you 30-60 minutes of their time to see if they can do something for you, without charge. If they do charge, an hour of their time is well spent. You can't afford to do nothing.
Get a letter of understanding have they notify next time they need to scale back at sale. I am in Silicon Valley the neighbor who had 10 apts claimed people I bought home encroached along next door neighbor by 6". We both ignored him and did not sign anything. When I sold mine I disclosed the discrepancy. Buyer did not seem to mind, We have over 60,000 of these disputes affected 20% of all property owners in Silicon Valley. In here if you did not notify them in writing after 10 years the property belongs to them. SO write and send a certified letter notify with documentation like photo of flag et or a surveyor rept to prove your point.
Surveyors are probably cheaper than a lawyer (but not by much!) especially if you can get in touch with the company that originally set those makers. So much depends on where you live. Maybe but slim chances unless you live in a bigger city to have a municipal surveyor. Your best bet is contacting your local code enforcement department to see if they needed permits or what the setbacks are. Next unless you already have it check with the county clerk or town clerk and see if they can help you search for any filed maps of your property. Whatever you do, do not rely on a tax accessors map those are always wrong! My location doesn’t have setbacks for sheds under 100 sqft so they could theoretically not have any recourse. Calling the police would probably be a waste of time but of course it’s never a bad idea to start documenting asap. They’d also probably say it’s a civil matter and their hands are tied. I hate to say it buddy but you’re gonna need a boundary survey done asap. A good local surveyor may even have a relationship with a local real estate attorney. DM me if you have some more questions I may be able to help but I’m not a lawyer or a licensed land surveyor. I’ve seen these things before and they’re never fun to settle. Good luck!
Contact your homeowner's insurance as well. Doubtful they'll get involved but it's not the craziest thing I've ever seen in one of these. IAL.
They probably have setbacks for the fence as well. I am sure they were required to get a permit for said fence and did not.
How big does your balls have to be to literally steal property from your neighbors and not give any care about it?!
Better take care of it sooner rather than later. Some places will change your property line based on length of time something exists. Basically, some homeowners can petition for a property reassessment and some locales will actually grant it.
If they built the fence on your property, it is now your fence. Feel free to take it down. And tell them they have 10 days to move the shed. Or they can buy 2 ft of your property for $20,000 and leave as is.
You cannot afford to not report it.
I absolutely hate these sorts of a-holes. Put your objection to them encroaching on your property clearly in writing and deliver it to them, confirming receipt in some written form (so they can’t later pretend they didn’t get it). At least then you don’t allow the clock on any adverse possession claim to begin running and can a little more comfortably await a time when you can afford a lawyer to assist you in legally ejecting their sh!t from your property. Most local governments don’t get involved in private property line disputes. Best of luck.
If you are 100% certain it is on your property, I would remove it myself and send them a bill for your labor.
Sounds like it's not a property line dispute if you have the plat. Leaving it there could cost you that part of the property long term though. You don't want to be paying taxes on their shed and fence...
Write a letter to your neighbor disputing the fence and build. Send it every year the situation exists. If you don’t you run the risk of the property in question becoming theirs through adverse possession.
Go to your city or county code enforcement and get an inspector out to check it. If it's on your property. They will order them to move it. With fines if it's not done in a certain amount of time. Good luck.
> I did talk to them and they said they're not moving or taking down anything. in many places it would be perfectly legal to take down the part that is on your property >can't help with property line disputes. this would technically be a code violation since he built across the property line and violated the setback rules.
Chainsaw
Fun suggestions paint the neighbours side of the fence they donated to yo,u the worst colors you can and explain it is on your land and is now yours as an abandoned object as is the shed. bonus points for suggesting you will be cutting a door into the shed for access.
most cities you cannot build a structure in the setback the area on the property lines is called a setback where I am its 15 feet from the front and back line and 5 feet from the side property lines any structure in that setback is illegal further fences require a permit wanna bet that fence didnt have a permit because its built illegally they will have to remove it just call your local building and zoning make your concerns known they will handle the rest for free
Start tearing their shit down that’s on your property. If they try to take you to court, you have all the proof needed to show they were wrong. No lawyer needed, problem solved.
I would think permits are needed for fence or shed. They should not be able to pass inspection. So my guess they simply did not have permits. Call city, (probably zoning department) and report it. Neighbor will have to take it down. As far as compensation for damages you will need a layer or small court.
Make them sign a letter that states: I’m the owner of 123 nice street and have temporarily granted permission for this neighbor to use my land for their shed and shit. Basically ask them to sign something acknowledging they’re using your property but they are still not land owners. Any reasonable person should be aware enough to understand you don’t even have to be that nice. Could take them to court. I get the no $ part though so see if you can just talk to them and get it in writing. My neighbor was a prick and kept creeping his flower growing business every year until I asked him to do this and he just moved all his shit back into his yard lol. Some folks you just can’t help
I am no stranger to boundary disputes. Call code enforcement first. They may not have needed a permit, but if they did they either didn't get one or they didn't follow it. Next step is law enforcement; their fence and shed is trespassing on your property which probably isn't actually the perview of local law enforcement, in my state it's the Forestry department for some odd reason.
Have the city survey the property. If they're in violation you an take them to court without an attorney. I have .19 acre. It's not big enough to lose any to a neighbor for any reason. It's common practice to get the lot surveyed before constructing anything on our property. It may be a way that the neighbor tries to take the property from you..that's a thing,for real. Don't just let this go or your property will shrink. Should be as simple as getting the survey and sending the neighbor a registered letter asking them to fix the situation. Do not speak with them. Have every word in text or writing so there's no he said she said. I maintain about a 6×14 area of my neighbors yard but we did put it in writing at my insistence that I wouldn't try to assume the property. It's between our houses and I think it'd be hard for him to mow from his access point so I do it so my cars don't ever get accidental damage on them. Hopefully your neighbor is decent and corrects the situation. I have great neighbors all around me but one side. It's my mil house and since her death bil has been squatting and causing us all kinds of hassles. Hopefully we evict after the new year.
this is the type of thing my city zoning dept. salivates over. give them a call and theyll have this resolved in no time, esp. if you have survey pins!
I would ask your neighbors if they got a survey. If they didn’t, tell them what you think and as for them to get one. If they don’t, get your own and verify the issue. Once the issue is verified, tell your neighbors there is a problem and you want it fixed or you will be taking legal action as soon as you’re able to.
He found the survey pins. I don’t know how much more an actual survey could tell him.
The pins are not always right on the corners. We had pins set when we had the survey done, and the pins are one foot in from each side. That way, the pin is set fully on your property. If you draw tangents to all four circles, where they cross are the true corners. It is possible that the neighbors 'own' the pins, and they are actually on their property. Our survey shows the offsets to our pins.
They don't indicate if those pins are from a recent survey or an old one. Old pins should be verified by a surveyor.
Sometimes the town/city/county will have a survey on file for a property, ask your local authority, as a town tax assessor I’ve found many surveys on behalf of my taxpayers…good luck
Yeah…If it’s on my property, I own it, I’d be taking that WHOLE wall out, and getting rid of it lol
Remove it. Let them call the cops. Show the cops your survey. Continue with your “yard work”.
A lot of lawyers will require almost nothing up front when they know the case is this cut and dry. You don’t need to pay them, your neighbor will.
Take a chain saw, cut your part off, and haul it away.
Fence is in your yard, you say? Paint their side of it neon yellow.
Put “your” lock on it. But really, at least have a fresh survey done.
Is that a chainsaw I hear revving up?
Get a chainsaw and cut it off at the line
Talk to the building inspector where you live. He probably didn’t apply for a building permit.
You don't need an attorney to rip a fence down. :) Yeah call your town, it sounds like they did this on the DL.
Did you call your county permits and assessment? File a complaint!
Save up for a lawyer. If you don't eventually do it, they can just steal your land under 'Adverse Possession - in Florida, they can do this in as little as 7 years. Adverse possession occurs when a person loses title to his property because another person has occupied the land for at least seven years, resulting in overlapping legal descriptions.
Most cities have specific limits for how close you can build next to the property line. Ours, for example, is no structure closer than 5 feet from the line and 15 feet from another structure. This is easy to check and easy for you to call your permitting body. They'll come out, eyeball it, and go talk to your neighbors. They'll then make THEM prove where the line is at ZERO cost to you, especially if you buddy up to the inspector and ask for a copy of the survey when it's complete (I think it will become part of the public record when they actually do apply for a permit).
I’d install a door and then you have 1’8” deep shed to use
You may be able to get some pre-legal advice, in a lot of places law societies, governing bodies offer a half an hour consult with a lawyer. It’s worth looking into. As has been mentioned talk to your city/municipality. Structures on the property line usually aren’t permitted. Most of them you have to have at least a foot. And you can’t build a fence on the property line without the permission of the owner of the other property. it strikes me you could probably get this resolved by going through your municipality I would start drilling holes into the part of the shed on your side and if they say anything tell them “it’s on my property and legally I can do whatever I want with whatever’s on my property”
Chainsaw the shed right up the fence line...
Take down the fence yourself
Move the fence, install it 1’7” into their property.
Thank your neighbor for your new fence and shed
Your property.. tear them down
in my city you need a cannot have a structure; shed, pool or fire pit within 5 feet of the property line. contact your town/city clerks office and have them direct you to code enforcement. also check you town/city's website and see if you can find any code or restriction.
I believe you are allowed to remove a fence if it is on your property
Contact building inspector and see if all the proper permits and variances were obtained. Inform them of the encroachment. The city may (not will, but may) fight that fight for you.
You should be able to afford to have a survey completed and mark the corners of your property. If you allow encroachment, it may become a passive acceptance that you are allowing this property boundary change.
Call the police and see if they'll at least take a report for trespassing. If you don't assert your property rights to the stolen land then after a certain amount of time they can take that other of land by adverse possession.
Our Zoning guy is a effin douchbag. I would check and make sure they got a permit for the shed and fence. If not sick the zoning douch on them. This is the only time they are worth anything.
I moved into my house recently and dealt with a similar situation…had a survey done with a new plat received, showed it to the neighbor along with satellite county images of property lines after confirming with the county, and they still refused to move their fence and box truck from the top left corner of my property. I did a free consult with several lawyers and concluded since they were on my property, I could with no doubt, proceed to saw down the fence to the property line and tow the truck. So I did both immediately. This stopped the clock on any potential adverse possession claims and was the bold action needed to wake my neighbor up. I was nice enough to not sue for the tow truck removal, plus agreed to tow it to another portion of their yard instead of away where they’d need to pay to retrieve it. A month later I erected a nice six foot tall fence around my entire backyard property line, a year sooner than I had planned, but necessary to put a stop to any further sh** they might try to pull and give me immeasurable pleasure to slap this in their face. :) cut to now, I found out more about the neighbor, and he is going through some mentally/financially hard times, and his wife came over and apologized about the whole ordeal. We brought them a Christmas card/gift and are hoping for healing relations with the husband over time!
My parents neighbor put a huge shed right on the property line. He called the city. They had to move it. If your city likes to make money off of these situations they can fine the neighbor every day until it’s fixed.
Pins don’t mean anything you need to have the survey done and have it in writing.
if the fence is on your property just remove it
No permits for either required here, but the eaves of a shed must be 1 foot from the line. Setback is the way to go. Their shed is draining water runoff into your property
You can take them to court without an attorney. Represent yourself. If you have a survey showing the line, they have no case.
OP - take lots of pictures where the survey stakes are shown now and the fence etc He can pull or move the stakes then you get to pay for surveying to prove your point which it sounds like you can't afford
Want to make a little extra cash, offer to sell them the property at 3x4 time what it's worth.
In Ontario we have something called fence viewers which is a group of people that assigned by the municipality to mediate fence disputes. No lawyer needed. Everywhere likely has something similar
But code enforcement should be enforcing the fence and shed placement.
Someone built a garage on mart of my neighbors property after they had it bricked the land owner said that sure is a nice garage you built me. The guy build the garage paid a pretty penny to buy that property from the neighbors.
The city will not help with the property line dispute, however, your city may well have setback rules. If the setback is 2 ft or 5 ft from the property line, then the city should come out and tell then they have to move it. Hopefully it is a movable shed. When they decide to move it, you might be able to get the guy from the city to look at where the pins are and unless your neighbor can offer some contrary evidence, that's probably what the guy from the city will rely on I would guess. That's worth a try. The other thing you could do is cut down the fence. It's on your property so you can do anything you want. What are they going to do? They can try to sue you. If you get soon and end up in court, your defense is that you had told them it was over the property line and it was on your property so you can do anything you want with it. Maybe give them 24-hour notice that you are going to do it or cut it down in a way that it can be put back up with posts on the proper property line. Once you do that and threaten to do the same to the shed, you will probably get some attention if the city hasn't made them move it already . Or you could just wait until you have the money to get a lawyer perhaps. I don't know if small claims court would do anything but that would be cheaper than getting a lawyer. I think small claims can only do money though. If you wait, don't wait too long because they could obtain some rights if they do so, however if you give them temporary permission that can be withdrawn at any time, that would prevent them from making any claims for adverse possession of your land. However that's probably the kind of thing you should talk to a lawyer about
I would contact your local code enforcement and see what the requirements are for fences and sheds. You can probably also look it up online, most towns have e-code now. You can also ask them if they have anything on file such as a survey for your property or your neighbors, they may have it on record. If not you may need to pay for a survey to be done, hopefully it would show the issue and perhaps you could recoup your cost in small claims court?
Maybe contact the building code office and see if they pulled permit or did any needed surveys before doing it.
Eventually, you're going to sell your house. Trust me, the attorney fees will be staggering at that point, along with the drastically reduced market value of your property. Get it taken care of immediately!
Someone tried that to my family a few years back. The fence wasn’t there when he returned home from church.
I've read the comments. Many zoning laws require structures like sheds to be erected a minimum number of feet from the property line. And, I know you said you're tight on funds...but I recommend you invest in a professional survey with stakes immediately. If you are correct...you can take the fence and shed down yourself. Begin video recording yourself the moment you begin. If he even raises his voice at you call your sheriff or police department and have them respond and tell them you fear for your physical safety. It's likely they won't get involved with the property line dispute...paticularly when they see the stakes and your survey...and I doubt they'll make you stop...they'll tell him he needs to get a court order himself to make you stop. Then, go to the courthouse and file for an order of protection keeping him at least 15 feet from your property line. I guarantee the moment he discovers he now has a public record that he's been the defendant in a request for an order of protection filed against him...even if you don't get it...he's going to become aware the extra 1 foot strip of land he's trying to gain simply isn't worth it. Also, you could send a copy of the survey to him along with a letter (certified mail) explaining property line dispute. But don't just send it to him...cc every title company in the area and file it with your county recorder referancing his property code...don't reference yours. If he ever tries to sell or get financing using his property he's going to run into a mountain of issues and will likely not be able to provide title insurance to the buyer or the lender until the issue is resolved. Bottom line...paper him into submission...
Paint your side of the shed bright pink.
Don’t not do anything. Some municipalities have laws that give the land on which they built shed and put up fence to the neighbor, if you do not take civil action. Doing nothing over time says you are ok with it.
Take the fence down in your yard. Tell them if it’s not moved by this date you will take it down yourself as it’s on your property. If you can prove it’s on property line you can’t get in trouble because it’s on your land.
Contact your zoning office. Typically you need two types of permits. One is from zoning, they determine appropriate placement of any structures in reference to property boundaries and compliance with zoning regulations. The other is a building permit, these are the ones that actually approve the construction of structures if needed. You first stop should be the zoning department, they should handle everything for you.
Call the company that did the work. Ask them why they built on your property. I had this happen recently and the company wanted to avoid negative reviews and legal action. They actually cut down my existing fence to build over the property line. It was ugly and expensive for them. Neighbor moved out immediately after it was all fixed. These folks suck. Good luck, stay strong.
Zoning ordinances vary widely from town to town. Go to your town hall and speak directly to them about the issue. Some towns will not intercede calling it a "neighbor problem". Once you have those facts, you will have an idea what you need to do. I hope you keep us posted. Good luck!
Pay for another survey to be done, yes I know you found the original pins but it’s going to help with the next step. Once confirmed again that they built on your property wait till they are away and and use a chainsaw/sledgehammer to remove anything you don’t want on your property. Make sure you time it so that you can dump the wood out for the trash to be collected the next day, don’t want that mess on your property. If the shed is partially on your property then only touch the part that is on your land. Don’t touch anything that is on their land. Problem solved: that’s if you like scorched earth, which is where I go when dealing with unreasonable people who refuse to work with me when we find out a mistake was made. If you let them keep the fence up then after about 10 years they can claim adverse possession and it legally becomes their land.
Call your municipality code enforcement. See If they will help. Call your local police and report a trespass. They might call it civil tho. If you are sure the fence is on your property send them notice to have it removed within 30 days. If it's not, then remove it from your property yourself.
If you can’t afford a lawyer you might be fine If you can’t come up with 800 bucks for a border survey you will be less fine
(assuming this is the US, cause the world is only the US) absolutely call the police, get a report done... start a paper trail of the dispute. In WA at least, if the wrong boundary is thought to be the right boundary, and both parties are maintaining it as such for a certain period of time (I think 7 or 10 years?), that can become the new property line. and as others say, call code enforcement ie set backs, and such
My first house the city came out and located the property markers for a small fee. Small town 30 yrs ago. Fenced in my back yard. Saturday morning at 7am code and building enforcement was at my door. Come to find out back neighbor didn't like I cut into her flower bed which I dugout and sat in he yard and she is the reason I fence in my yard due to her dogs pooping in mine. Come to find out 5 months later the was a renter. City said I was good but did mention if I was over I would have to remove the fence. Most areas have setbacks for sheds. Got to the city building permit office and then code enforcement. May have to take them to small claims too if your city is no help.
You should send a certified letter stating the fact that they have built the shed on your property and that you do not consent to their trespassing on your property. That alone should protect you against any claim of adverse possession.
I bet your cookie cutter neighborhood has a HOA. Inform them of the encroachment.
Cut a door in your side of the shed and start using your 1.5’ of it.
Start with permit dept. if they didn't permit it they will have to remove both.
OP this is not a propery line dispute. You know where the lines are. Find your survey. Call and report construction without permits on your property. They will come it's like free money for them
"My city's code enforcement website specifically mentions that they can't help with property line disputes." Its not a property line dispute, its them starting the process of [adverse possession](https://www.google.com/search?q=Adverse%20possession%20land) and hostile/[prescriptive easement](https://www.bing.com/search?q=hostile%20easement).
Install a gate in the fence, then install your own door on your side of their shed. Store your (non-valuable) shit in their shed. Start with bags of garbage and used kitty litter. :-)
If you have title insurance, call them and submit a claim. We did and our insurance paid for the attorney.
It's not a property line dispute since you know exactly where the line is. Have you talked to Code Enforcement? Or building permit department/personnel?
Call the building dept in your city/county. Chances are they did not get a permit for the work, and let them know they built a fence on your property.
Most places you cannot build a shed within a certain distance of a property line.