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(MLive)   Your neighbor accidentally builds her new fence seven inches onto your side of the property line. Do you A) work with her to remedy the situation to both parties mutual satisfaction? Or B) cut the fence down with a chainsaw while she is at work?   (mlive.com) divider line 192
    More: Dumbass  
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19890 clicks; posted to Main » on 15 Nov 2005 at 10:40 PM (9 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2005-11-15 06:56:21 PM  
I can see myself doing both. It depends on the circumstances.
 
2005-11-15 07:01:51 PM  
This is the kind of story I REALLY want a follow-up on in a few months.
 
2005-11-15 07:03:42 PM  
A chainsaw seems a little crude. I'd probably take down each board by hand and then stuff them into a wood chipper aimed at her backyward.
 
2005-11-15 07:08:40 PM  
What an asshat.

It would be hilarious if she does get a surveyor and determines it was on her property.

And, if the guy has pets and they go onto her property, I hope she cuts the legs off them and places them on his lawn. That would be what Solomon would do.
 
2005-11-15 07:08:59 PM  
Legally speaking, first try to discuss it with her and ask her to move it. Otherwise, make sure you contest it, because if you let it sit for years then adverse possession takes over and that 7 inches becomes hers.

Generally, if it was an accident, she should be amenable to moving it and negotiation is the best solution when you're stuck living next door to that person for years.
 
2005-11-15 07:09:27 PM  
exick: A chainsaw seems a little crude. I'd probably take down each board by hand and then stuff them into a wood chipper aimed at her backyward.

You need to meet my brother. Great minds and all that ...
 
2005-11-15 07:09:30 PM  
Personally I would view that as 7 inches less lawn to mow
 
2005-11-15 07:10:03 PM  
I just talked to the misguided neighbor.
 
2005-11-15 07:11:36 PM  
Hey, free fence!
 
2005-11-15 07:14:27 PM  
C) Cut it down while she was home for a really good confrontation.
 
2005-11-15 07:31:23 PM  
Legally, assuming the facts of the story are accurate, it was on his property and he could do what he pleases. While he might have talked to the neighbor about purchasing or renting his stolen property, doing nothing could be (eventually) construed as a taking by her.

In my neighborhood we're required to use a survey (which was done when we bought the place) & we're not allowed to build up to your property line, which leaves gaps between fences in some cases.
 
2005-11-15 07:41:57 PM  
I've gone through something similar. I had to yank down a makeshift fence the neighbor had constructed out of landscaping adhesive and patio blocks (I'm not kidding.) He biatched about it, until I pulled out the survey I had done the week before (I built a barn, so the survey and soil permeability tests were necessary) and told him, politely, to stuff off and to take the now broken blocks with him.

His mother's attorney was right, but missed a crucial "CYA" step - have a city surveyor come out and confirm that it's not on the property line.

And, what damageddude said. If she went ahead and dropped $2,500 without getting a survey done, then it's her own damn fault. It'll be even more interesting when he decides to sue her to get the post stubs off the property (if they poured concrete for the posts, he's looking at 150-200 lb balls of stone sitting in his lawn. They're not light, and the dump frowns on boulders.)
 
2005-11-15 10:38:13 PM  
This happened to my mom. She went over and told the guy putting the fence up that it was on her side (About two feet) of the property line. She went inside and he ignored her and continued putting it up. (She even went and pointed out the stakes to him from the last time the property was surveyed.

A couple of days later, she noticed that he had finished putting up the wooden fence on her side. She went and talked to the neighbor, and the two of them called the company he hired and told them that if they didn't come and dig it up and do it over again, she was going to go out with a chainsaw and remove it for them.'
 
2005-11-15 10:45:08 PM  
Considering this is fark, its a wonder no one got killed over it.
 
2005-11-15 10:45:31 PM  
Farking border wars.
 
2005-11-15 10:47:04 PM  
The house next to mine (a deceased estate) was bought by a property developer. They proceeded to knock it down and replace it with two new townhouses. In the process they ripped down the fence that was between our house and theirs (admittedly it was pretty old but it was doing its job) and replaced it with a honking great big steel thing.

The developer then showed up on my doorstep and presented me with an invoice for half of the fence ($4k!!). I think my reply was along the lines of "Ha ha ha ... thats a good one ... now fark off." He kept sending me invoices for the next year.
 
2005-11-15 10:48:03 PM  
Im of the philosophy that if you put up a fence you better be damn sure you are building on your own property. No sympathy for sloppiness / stupidity.
 
2005-11-15 10:50:57 PM  
anybody got the C&P for page two?
 
2005-11-15 10:51:11 PM  
The Farker posting above me is 5 pixels into my post. Move your comment, or I'll chainsaw it out of this thread.
 
2005-11-15 10:51:56 PM  
I wanted to read the second page of the story but unfortunately you have to register to do that. It would be nice to know what the results were.

/good for the guy
 
2005-11-15 10:52:34 PM  
I'd like to take a chainsaw to whoever designed the popup ad on that page.
 
2005-11-15 10:52:34 PM  
A chainsaw is low class, gasoline and matches is where its at!
 
2005-11-15 10:53:03 PM  
FormlessOne: (if they poured concrete for the posts, he's looking at 150-200 lb balls of stone sitting in his lawn. They're not light, and the dump frowns on boulders.)


dump? what about just rolling them into the idiot neighbor's driveway early in the morning so they can't get to work.
 
2005-11-15 10:53:12 PM  
She shoulda just shot him for trespassin'. That'd show him right?

/git R done
 
2005-11-15 10:53:19 PM  
It's your fence now.
 
2005-11-15 10:54:00 PM  
[image from gamechronicles.com too old to be available]
 
2005-11-15 10:54:05 PM  
We've got a whole Act of Parliament dealing with this sort of thing.
 
2005-11-15 10:54:13 PM  
Probably B. I've seen enough people try an annex others' property to think that the neighbor knew what they were doing and thought they'd get away with it.
 
2005-11-15 10:54:20 PM  
I think the guy did the right thing.

He told her a new fence was cool with him, just put it right where the current one is. She didn't. He found out that the new fence was on his (mother's) property. He told her and asked her to move it. She didn't. He repeatedly tried to contact the woman and her lawyer, but got no response.

So, he fixed the problem himself. Good for him.
 
2005-11-15 10:54:46 PM  
sirrabid: I wanted to read the second page of the story but unfortunately you have to register to do that. It would be nice to know what the results were.

Police labeled the incident a malicious destruction of personal property and forwarded reports to the Bay County Prosecutor's Office.

Miller said she decided to replace the run-down woven-style fence that had divided her yard from Thorne's yard since she bought the place 23 years ago.

She said she wanted a more attractive fence, one that would provide security around her new inflatable swimming pool, would better keep her cats and Chihuahua in her yard.

Miller said she and Thorne had been on friendly terms. "He's a little eccentric, but we'd wave and say hello," she said. "We had the common interest of the cats."

Before replacing the fence, Miller said, she discussed it with Thorne, who had no problem with the project. She said he was out chatting with the contractors as they ran lines, dug holes, sunk posts and put up the fence in June or July.

But three weeks after the fence was complete, Miller said, Thorne came over and told her she'd have to move it.

Thorne contends that contractors built the new fence 7 inches on his mother's side of the property line. He said the house was built 8 feet from the property line when it was constructed in the 1950s to allow for the addition of a driveway.

But he said no proper survey was done on the project, a responsibility he said falls to Miller.

"I told her to build in the same place as the old fence. She didn't," said Thorne. "I could not see my mother go through $1,000 to have the fence moved. "

Thorne said after letters and phone calls from his mother's lawyer brought no response from Miller, he decided to take action.

"I didn't damage her fence sections in any way," Thorne told police.

Miller said she wants trespassing and malicious destruction of property charges filed against Thorne.

"The police said they've seen neighbor disputes before, but never saw anybody take a chain saw to a fence," Miller said.

But Thorne said he's not concerned about charges.

"(Miller) is the one who encroached," he said. "It is up to her to prove the fence was on her property."

/the rest of the story...
 
2005-11-15 10:55:28 PM  
It appears he tried to work it out with her, story states 3 weeks after she had it built (In June/July), he told her she had to move it. Then, story states she didn't respond to letters and phone calls from his (his mother's) attorney.

She ignored the problem, thought it would go away, and now it's neatly stacked in her back yard.

Fark her for building on his property, then not doing anything to rectify it when it was pointed out to her, and, when she was contacted by an attorney.
 
2005-11-15 10:55:29 PM  
We've looked at putting up a privacy fence, but the guy behind us already has one up... so we are waiting to the neighbors up and down from us to put up privacy fences as well. As I see it, it gives them privacy but does the same for me.

//Hey, I've got 1/3 a privacy fence, cool.
 
2005-11-15 10:56:12 PM  
makes me think of the time spent at my great aunts house as a child.

her neighbors built a big fence besides the house, so she built one bigger.

back and forth until the fences were 12 feet high.

crazy

/they hated each other
 
2005-11-15 10:56:29 PM  
"I just had it put up three months ago," Miller said. "I hadn't even finished staining it yet."

Umm... lazy biatch! How long does it take to stain it?

/Assuming that it's not the "wet" season over there.
 
2005-11-15 10:56:31 PM  
personally i would have drilled holes every six inches into (but not completely through) the fenceposts, then wired model rocket style igniters to a shiatload of M80's.

a few hundred hards of wire and a car battery later the neighbor would get to see a spectacular and amazing desintegration of said fence
 
2005-11-15 10:56:35 PM  
This is a good example of why legality is no substitute for morality. Civility is just as important in a society as law. He'll probably win if they go to court over this, but it's too bad there's no law against being an asshole.
 
2005-11-15 10:57:09 PM  
Before replacing the fence, Miller said, she discussed it with Thorne, who had no problem with the project. She said he was out chatting with the contractors as they ran lines, dug holes, sunk posts and put up the fence in June or July.

But three weeks after the fence was complete, Miller said, Thorne came over and told her she'd have to move it.


Sounds like chainsaw boy gave Ms. Miller reason to believe she had recieved an oral easement for a fence. He may be on the losing end on this one.
 
2005-11-15 10:58:13 PM  
WombatJoe
You might want to check to verify that the unscrupulous developer has not put a lien on your property. They'll never get away with it, but it could make your life a pain if/when you or your estate goes to sell.

And if it's on your property, and you didn't want it, you'll need a rather powerful chainsaw to remove it.
 
2005-11-15 10:58:41 PM  
Good use of the Dumbass tag Submitter, but you forgot one thing. That article did not contain a picture of you, nor were you the neighbor who illegally built the fence.

/I choose B
//Did something very similar to B when my neighbor out their swimming pool 3 feet into my yard.
///Let's just say my lawn was watered EXTREMELY well that day
////The judge threw out all charges against me, and awarded me $5000 in damages
 
2005-11-15 10:59:02 PM  
B seems like a bit of an over-reaction.
 
2005-11-15 10:59:50 PM  
FormlessOne: (if they poured concrete for the posts, he's looking at 150-200 lb balls of stone sitting in his lawn. They're not light, and the dump frowns on boulders.)

Get rid of them the ol' fashion way, catapult them at their house.
 
2005-11-15 10:59:54 PM  
Chainsaw? During fall it'd make good firewood for a bonfire. Cigar, some drink, bonfire. Invite all my friends.

She's dumb if she didn't make sure it was on her own property.
 
2005-11-15 11:00:03 PM  
Our neighbor loves to pile the snow from our driveway onto our side of the property. Not with a shovel, but blowing it with a snowblower against our house. All the snow piled up causes water problems in the spring as well as dings up our siding. My dad went and snowblowed it back onto his driveway. Best part is that legaly, my dad was in the right.

Also fun when he placed an anonymous phone call to the city that the neighbor was performing a major expansion to his house without a building permit ($15 for a permit). City came out and fined him (from what I have heard) quite a large chunk of change. I wonder if this guy is going to quit iritating everyone in the neighorhood. Everyone turns him in when he does something illegal.
 
2005-11-15 11:01:20 PM  
I think the obvious punishment here is to make the neighbor build a new fence out of stone with very strict dimensions.

[image from mandypatinkin.net too old to be available]
 
2005-11-15 11:03:30 PM  
[image from dailychump.org too old to be available]
 
2005-11-15 11:04:56 PM  
Finger51: anybody got the C&P for page two?


They just wanted to know my zip code, year of birth, and a few other things. I told them that my zip code was 12345 and that I was born this year (but only because 3000 and 1000 weren't accepted.
 
2005-11-15 11:05:27 PM  
the answer is always b!
 
2005-11-15 11:05:27 PM  
[image from img.fark.com too old to be available] don't you think, mending fences?
 
2005-11-15 11:05:29 PM  
>> Do you a) Work with her to remedy the situation to both parties mutual satisfaction or b) Cut the fence down with a chainsaw while she is at work

e) I steal some fertilizer from a farmer outside Des Moines, so I can cook up a batch of meth to sell, to pay for contact with a secret agent from Bolivia who is owed a favor by the CIA. I sell a kidney to a wealthy Arab gentleman so I can pay said Bolivian contact to arrange for the CIA to ask their contacts in Lower Botswana for information on discrete fence removal. After obtaining the password to decode this intelligence, through the carefully prearranged sale of my youngest daughter to the white slaver trade in Indonesia, I saw the farking fence down with a chainsaw while she is at work!
 
2005-11-15 11:05:47 PM  
I wonder if he is of Mongolian descent.
 
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