ExpertLaw.com Forums

Trying to Install Fence on Our Property

Printable View

  • 11-02-2009, 08:46 PM
    harleychick883
    Trying to Install Fence on Our Property
    My question involves real estate located in the State of: Florida

    Hello, we would like to install a fence (field fence) approx a foot on our side of our property line. While outside looking at our survey markers a neighbor drove by and called the family member (by marriage) who is responsible for the vacant home next to us. The owner has fallen ill and they are caring for her in their home, across town. The reason for fencing is we have 5 children between 2 & 10 and people fly up and down the road, it is for their safety. Well the gentlemen (not so gentlemanly) showed up within 15min of us being out their, he informed us that he didn't agree with the survey stake and we would be responsible for 1/2 the survey cost to resurvey it. He then later came back about 45min later and started to threaten us with his status of being a police officer (he is off duty and this is a neighbor matter not a "someone called the police" matter), taking us to court, making sure we would be responsible for court cost an all associated fees, and that the fence would be pulled down in the long run, and officially warning us not to trespass on the property (we never set foot on the property) and after being very ugly for a lengthy conversation called his wife to check their survey. She stated to him that the survey read the property line was 58 feet from the north end of the brick home on their lot, when measured at that time it was exactly 58 foot to where the survey marker said the property line was. Thus proving the marker had not been moved and both theirs and our survey's were agreeable. He then apologized for stirring such a fit. But not finished. The neighbor behind him who shares our property line (we have 1acre and they each approx 1/2, so both adjoin our property line) has used access thru our land to conviently access the backside of their home. We live on the N/S street and they live around the corner on the E/W street, that street runs in front of their home and our property is touching on the back side. They have ample access from the front and my fiancés father granted this back access before my fiancé received the land. We were planning on putting in gates to accommodate their access but to also keep our children safe but the gentlemen from next door now wants to fight the back neighbors battle by taking us to court again for the easement of the other person and if we don't put our fence approx 15ft on our side away from his property line they will take us to court for that too.

    Our situation, I am a mother of 2 returning to college fulltime to finish my education and my fiancé (owner of the property by gift from parents) is a father of 3. We do not have ample financing but do care greatly for our children’s safety and with a speed limit of 40mph on a 1/2-mile long dead end residential road I am greatly worried about them.

    What kind of action can he really take if both of our surveys agree? Pertaining to making us move our fence over 15ft from our property line.

    Is installing 2 gates (entering our property from theirs & exiting onto the road) for their access amble enough for still allowing them convience access to the back side of their home legally, while keeping our children safe?

    If we just put the fence up what action can he truly take and can he truly make this a money pit for us, with all surveys supporting each other and us willing to still grant access to the other side neighbors?

    My first impression with his threatening of being a police officer and he has more than enough funding to fight this battle and that we will not win no matter what, shows me he just wants to be a pain in our behinds.

    All three properties are owned by distant cousins and aunts, not close family even though neighbors, no much contact other than this occurance. Also the gentlemen from next door has rented the home out to strangers and we are unaware of their move in date. We (my fiance and I) wanted this handled before the property was sold or had other people involved.
  • 11-03-2009, 07:30 PM
    LandSurveyor
    Re: Trying to Install Fence on Our Property
    Quote:

    he informed us that he didn't agree with the survey stake and we would be responsible for 1/2 the survey cost to resurvey it.


    Just BS. If he disagrees with a valid survey, and is not a licensed surveyor, he does not have an opinion.

    Quote:

    He then later came back about 45min later and started to threaten us with his status of being a police officer
    Grounds for disciplinary action in some jurisdictions for intimidation. Get witnesses and record any further conversations with this individual.

    Quote:

    What kind of action can he really take if both of our surveys agree? Pertaining to making us move our fence over 15ft from our property line.
    Is the 15 foot lane a deeded easement? Or was it just granted by verbal permission at some point?
  • 11-03-2009, 07:45 PM
    Mr. Knowitall
    Re: Trying to Install Fence on Our Property
    Quote:

    Quoting harleychick883
    View Post
    They have ample access from the front and my fiancés father granted this back access before my fiancé received the land.

    What exactly do you mean? They were granted permission to use your fiance's father's land "back in the day", or do you mean that they were formally granted an easement?

    If no easement was granted, my inclination would at most be to give the neighbor an offer of permissive use through a gate, to be acknowledged by him as entirely permissive and subject to termination by you at any time. If he won't do that, or if I were feeling less charitable, I would put up the fence and let them try to prove whatever claims they have in court, if they find it worth the cost.

    If an easement was granted, what are the terms of the easement?
  • 11-03-2009, 09:25 PM
    Scott67
    Re: Trying to Install Fence on Our Property
    If your concern is for the safety of your children, I would consider putting a play yard fence (relatively inexpensive) for them well within your property so it could not be construed by anyone as being a property boundary, and fight the property line issues at your leisure.
  • 11-03-2009, 09:28 PM
    Mr. Knowitall
    Re: Trying to Install Fence on Our Property
    Given the obstreperous conduct of the neighbors, why lend credence to their claims?
  • 11-04-2009, 11:18 AM
    eapls2708
    Re: Trying to Install Fence on Our Property
    Quote:

    Quoting harleychick883
    View Post
    now wants to fight the back neighbors battle by taking us to court again for the easement of the other person and if we don't put our fence approx 15ft on our side away from his property line they will take us to court for that too.

    As the others have advised, find out what level of permission was granted. How long ago was that permission granted.

    As for your knucklehead neighbor (police guy), he has no standing to bring action against you on the back neighbors behalf, so that threat is BS.

    Very little ticks me off more than abuse of authority and the abuse of the trust that goes with that. Document any threats he made to you relative to his position and authority as a law enforcement officer. As you stated, this is an issue between land owners and not a law enforcement matter. His position as a LEO has no bearing on this dispute and may (depending upon how he presented it) constitute a threat of harrassment.

    Some people toss out the threat of "I'm gonna sue!" at any real or perceived affront. Like most such people, I suspect your not so neighborly neighbor is full of gas. I suspect his real reason for "protecting" the other neighbor's interest is that he has some plans of using that access to his benefit, if he isn't already doing so.

    Deal with the back neighbor directly once you've figured out whether an easement was granted or if it was verbal permissive use, and build your fence accordingly. If the back access is not heavily used by them, gated access with a key provided may suit them just fine.
  • 11-04-2009, 11:46 AM
    Scott67
    Re: Trying to Install Fence on Our Property
    I would add, that your fiance's father "granting them access" does not necessarily constitute the legal right for them to use that access forever. As others have said, find out exactly how the access was conveyed. You may not HAVE to provide them any access at all. If the terms of the access are totally undefined, you can deny access or negotiate what you wish to do on your own terms. Mr. Knowitall's first post addresses this; I just thought that the idea may have gotten lost in the subsequent discussions.
All times are GMT -7. The time now is 01:49 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved