Neighbor Leaning Stuff on My Fence

[KRH999]

My question involves real estate located in the State of: Ohio. My neighbor had a tree fall and destroy my fence and shed. I removed his tree from my yard, and replaced the fence. My fence is one foot inside my property line. Survey to confirm, to be ordered, but pretty sure it is inside the property line. Daughter of original builder still lives here. They had another tree that was on the fence, actually growing thru the chain link. I paid to cut it down, it was leaning and would in no time destroy the new shed. We got into a disagreement when I asked him to quiet his dog barking for hours, and was told we had nothing to say to each other. Now, he is leaning old box springs, and a fiberglass pool wall against my replaced fence. Trying to trip my trigger. He has trees planted (big Trees) all along the fence line, and all kinds of briar, and vines pour through. So my question is, can I stop my fence from being destroyed, since it is on my property? push his junk off the fence? Can I spray the fence line to kill the vines and weeds. Is there any recourse from his trees destroying the rest of the fence, and my 15 car concrete pad which is starting to be cracked from roots. He also has a huge tree that overhangs not only my driveway, but my home itself. My cars, fence, and pad are in peril. And he doesnt have a pot to urinate in. Any suggestions on where to start? Thanks. KRH999

[adjusterjack]

My own experience long ago taught me that the only cure for a low life neighbor was to sell out and move.

Meantime, consult an attorney and review your options.

[LandSurveyor]

Of course we are not talking about a fence problem, but a neighbor problem.

Your survey, to be ordered, is the only correct first step in addressing the issue. As an Ohio Licensed Surveyor (fully retired) I would highly recommend that you inform prospective surveyors of the existing neighbor problem and find one who is comfortable with the situation and able to see it out (more to come).

Surveyors need to be forewarned about combative neighbors, and we have ways of dealing with them in advance.

A neighbor's tree falling on your property is an Act of G-d in Ohio and is your homeowner's insurance company's problem, unless the tree was obviously already seen as an imminent danger of falling, and the neighbor informed.

Get the survey done first, as no further steps can really be considered prior to that. If it proves that your fence is well on your property, my advice would be to contact a local attorney for advice in dealing with this neighbor. There are likely a variety of remedies available to you.

Those who do not have a pot to urinate in are unfortunately more likely to resort to some very stupid act in order to make a point.

[pg1067]

Why would you build a fence so far inside the property line?

[KRH999]

To make it our fence and not his. Keep him from painting it, or in this case hanging on it, or his kids climbing it. When it was originally installed, My girlfriends father had problems with a neighbor in the same house. He had a dog that would chase the children. He put the fence up in this manner so there was no dispute on where it was located.

I have pushed the bed frame off the fence for the last two days. Yesterday it was laying on the ground. Late in the day I watered my garden and picked up a bit while they had a party in the back yard. When getting ready for bed, I took the dog out for that one last time thing. It was zip tied to the fence. And on a side note, my dog has been sick for the last week. I am going over to zoning this morning, Then to the police station. After sending this, I will Contact a surveyor, and an Attorney. I appreciate the response. It is true, brick and mortar all cost the same. You pay for your neighbors.

I was thinking of a way to end this. Your opinion of my conclusion please. If I own the fence solely, he is trespassing, and I have signs posted. He then has a legal issue, if I charge him. Pending confirmation from survey. If I have lost the land by adverse possession, (Putting my tin foil attorneys hat on) even though I have sprayed the fence line until this year, and maintained the fence. Would he not be responsible for half of the cost of repairing the fence from his tree damage. Kind of a pay if you do, misdemeanor if you don't situation? Just spit balling here. Thanks in advance.

[LandSurveyor]

This sounds like a reasonable approach. Understand that, in Ohio, adverse possession claims are very difficult to pursue and win. I wouldn't worry about it.

Something else I would do: check with your County Auditor for property tax info on the neighbor's parcel. Many counties have that information on-line. If taxes are way behind in payment, the problem may be going away on it's own.

[just-some-guy]

get an "order of protection".

[SubjacentSupport]

I might consider a second fence a little inside the property line--something chintzy like chicken wire that won't allow him to lean stuff up against, and just see if that is discouraging or, if they damage it, at least it is not your good fence and you can go to small claims court for damages of the cheap fence as a little push-back and to get their bad behavior on official records--before they damage something of value.