There are a couple of fence issues similar to yours listed under "home disasters". As for your situation-it is you property do what you want. In my opinion the safety of your children/pets is number one. Your neighbor sounds like a crazy B**ch and should be ignored. On what grounds does she plan to sue???

Deb,Two things you need to be real sure of.
1 firmly decide you want to go ahead with your project.

2 Be very sure the Survay is correct get it in writting then hire another Co to do the same thing.

Your good,this is a good area for your post. I have seen neighbors get into long lasting fudes over 3 inches. Its always the same one of them is..hmmmmm how can I put this,,, really stupid and a little insane, not open to agrement of any kind,hatefull for no reason and relentless. Its never both of them,from what I have seen,its always one that gets things going and will not stop.

Ignoring the problem just makes it worst,your not dealing with a grownup, this is a 9 year old in a grown up body.

If you decide to move on with the Fence lay it out in a way to provide a foot or so area between the legal line of the neighbor and the begining of your project. With the given it will be hard to maintain that area at least its possible. Mabey lay a small rock area down.

Little Story>> I was hired to build such a fence but my Wallet was the crazy lady.Under the constant veiw of video with sound mounted in the soffit we put up a very spendy steped leval high $ fence with the help of a survay rebar pin and the existing chain link gate as the two points to go by. This pin had been moved by one or both of the Folks to the point the police came out on a regular in response to one or the other calling them. But a job is a job so we put the thing in with steel posts adding the width of the pipe/framing/fenceing so the project was right on a string line conecting those two points.

I am now being sued by the crazy lady because she can not maintain both sides of the fence with out trespassing Not small claims court,she went after a jury trial,my money upfrount to defend myself was high.

The women was on site the whole time she saw the string we put up we explained what we were doing every step of the way, and of course the whole thing was being recorded on video. She loved it and it is a nice looking fence like forever project. I got paid everyone was happy 10 months later I get served by the court. She is on her second laywer now the first one told her she did not have a case.

Anything can happen in Court,like the Cindy Sommers trial, with the given I could stand to be displaced of around $10,000 should the same kind of people be on the jury I am now asking myself W T F is going on??????? J

John, thanks for your post. I think. That's a pretty scary story.

I don't have a foot - I have a very small margin to work with here. It's a 5000 sqft lot, 50 feet wide. I literally have less than a foot to put in the fence.

Part of me is DETERMINED to do this project just because I don't want to cave in to this crazed, self-absorbed behavior!

I'd check with the local building department, get a building permit, and if approved put a 6 foot privacy fence right on the line. You might want to wait until she is out of town to pull the trigger. I'm guessing you'll be glad you did it. The low picket doesn't sound like the way to go with this neighbor. (you can always move if it doesn't work out.) As for the sprinkler, too bad, so sad!

I'd put a note on her door telling her to remove the sprinkler line or she will be responsable for the cost of your fence contractor doing so, then proceed with the fence project.

John, that's a bad deal, maybe a good thing I don't do fences. Good luck w/the jury.

Al

I can sympathize. We had a neighbor who thought his yard was a junkyard complete with a dirty chicken coup. We eventually put up an 8' privacy fence. As long as you obtain the proper permits from your township and have an accurate survey you should be fine. Different officials interpret the building code their own way so you should speak with him or her to see what is allowed. Our neighbor had a shed on our property which he had to move and irrigation as well. Unfortunately for him he had to move everything. We placed our pence 3' in on our property and the neighbor had no grounds on which to sue us, after repeated threats. As long as you follow the proper channels you will be fine. Good luck!

I can so related to this problem!!! We moved into our house 3 years ago this July and only four months into our purchase when our problem with our neighbor began.
There were 2 trees planted side by side on either side of our house that we wanted removed, and in one of the drawers in our house we found a lanscapers businees card and called him. He ended up being the one that did the landscaping in the first place!!! So he knew that the trees were on our property.

Thats when the war began!!!

She came out with a camera and took pictures of our landscaper removing the trees, the landscaper called us at work and notified us that she was out there with a camera and was threatening to sue, so we told him to hold off on digging up the trees on her side.
Well when we got home she marched her ass right over and knocked on our door and told us she was going to sue us for digging up her trees!!! My husband told her to go ahead, and then next day we contacted a surveyer and had the lot surveyed and guess what??? The trees were ours and 6 more feet beyond the trees on what she thought was her property.

This is where is starts to get ugly!!!!

I went out to the stakes and marked the ground with orange paint, because I had a bad feeling and sure enought that night that crazy B**ch went out and pulled the two corners stakes out of the ground!!!! My next door neighbor saw her, dont you know that we called the police and they wouldn't do a damn thing because she wouldnt come to the door..

Later our surveyer called and said that while he was surveying the yard she came out and asked him for a business card, and later the board of surveyers called him telling him that they had a report that he was seen moving the property line beyond the original stakes, she reported him to the city!!! Of course he had the survey to back it but it caused alot of hassel for him.

We get the daily finger jester from her and name calling its so unbelievalbe, all I can chalk it up to is that she has such a sad life that her whole life revolves around missery.
We have decided to put up a 8ft fence on her side, our land slopes so it will be 6ft on one side and remain level all the way across which will result in being 8ft on her side. We plan on backing off the property line 6 inches to be safe as to not put it right on the property line. We had an estimate done Friday so I know it will only get worse, once our fence goes up.
Why do people have to be this way, we have thought very hard about selling and moving away but I dont want to give her that satisfaction. So Cathy if you monitor this thread know that you are in for the long haul!!!!!
Better get a good lawyer, because you dont have a leg to stand on.
Best of luch to you

I am not joking,these people are like little kids teasing each other at lunch. J

I always laugh when I hear stories like these. But the sad truth is that these aren't laughing matters. I've actually seen some of the most unbecoming behavior of adults ever exhibited in your lifetime. I'm currently enjoying one of these moments. I can't plaster a pool and fill it with water because my buyers neighbor has 20 feet of his driveway from 0 to 18" on our side of the property line. Based on my foundation to property line measurements when we dug the pool I told my customer that I was certain that the neighbors driveway was over the line. He had always assumed it wasn't. His surveyor confirmed it. When it came time to fence the back and side yards he wanted me to place the fence over the driveway. I told him I couldn't but as a courtesy I'd cut the driveway on the line set by the survey. Well the neighbor comes out and has a fit because "This has and always will be, my driveway" and implied that the surveyors obviously moved the pin to benefit my customer who paid him, LOL.
Now we can't cut the concrete or fence on the line because he's claiming Squatters Rights on the disputed property due to the assumption that it was always his and he's always mowed the swath adjacent to the driveway. We've been held up on the fencing, and it's all my fault that we can't plaster and swim. And the neighbor says none of this would of ever happened if it wasn't for "That pool guy" interfering in everything.
I was ROTFLMAO as I proofread this.
Funny, yet Sad isn't it.

I feel sorry for anyone who has to experience matters like these with their neighbors over a little swath of disputed dirt that breeds such hatred and childish behavior.

See ya,
Kelly

Gosh. How long do you think she plans to stay there? Do you know if she's bluffing and acting childish or if she's really crazed/crazy? It's a pretty important piece of info. to have. Got any long-term neighbors you can check her history with.

Run the "what-ifs" through your mind. What if she gets dangerous dogs--will you still let your children play beside them with a fence there?

What if you "win" and get to do what is your legal right to do? Can you live with whatever her reaction is? Will you be comfortable letting your children play out knowing she's mad and maybe a little nuts and looking for revenge? Are you willing to go through, and have your family exposed to, whatever retaliation she bestows?

And, what other play-outside options do you have? Can you think of anything else?

Of course you're mad and want to show her, but I have to say that I've never seen fences mended with people this wacko.

On the other hand building or not building will not make this person go away. Anything she would do with the fence up will not change if no building is done at all. J

Little side note with my Fence Job>>> In the Begining,ghesss I always wanted to say that, The nextdoor neighbors a young couple with a new baby the guy is in the military bought the house next door to the crazy lady who had just moved into her house after her Mom died. CL dident like their tree limbs hanging over her yard so she cut them back clear to the trunk. That started it she got on their land while they were gone to cut off way more than was nessesary.

I got all this from both sides as we were working, anyway it went on from there 1st was the camra B/W low tech and the survay. CL had the yard police over a bunch claiming they had moved the pin but the video coudent bring it up. UpGrade to high tech muilti color with sound big screen still the pin got moved, some how.

As I was working I got to talking to the Sane Lady,she seemed nice so I thought I would try the olive branch rap with her she seemed a little churchy so I was talking if there is any giving that gets done the Christian is always the one that has to do it why not take her a present and a note saying just about the same thing Chelone advised. Over went the cookies in a basket with the note flowers on the edges.

CL went completly insane, over the phone CL told me just how the cow ate the cabbage.. part of it was in effect" I have $15,000 in this now do you think Im going to quit???

I havent talked to SL after that but my High $ Lawyer has. I tell you Folks with these insane little kids there is no reason or backing off. I am thinking all the money CL is spending came from her Mom's estate. Like I said anything can happen in court.Cindy is still in jail for life. J

Well, I'm going to try to open up the communication again...give her a copy of the survey, the local fence height requirements (no permit required under 10 feet), and a very conciliatory note asking if she'd like to discuss the different designs we're considering.

The problem is, there's no upside for her, really. Right now it's all open space for her to use visually from her windows, and she's encroached on my property for her plantings/irrigation. There's only one way for me to let that continue, and that's a fence/gate straight from my house to hers, which she has of course emphatically rejected (along with every other suggestion I've made.)

Also, I've got another bomb in my pocket. She's got her a/c condenser in that side yard (loud, windy, powerful sucker, too) and it's violating city code. I could report her and cost her thousands...I'm just holding that close to my chest for now, on advice of wise counsel (husband.)

Wish me luck.

For what it's worth, I think you're pursuing the best possible course for a difficult situation. Hang tough! you WILL prevail (and you know that). You have a "trump card" that you may play whenever, IF ever you need to.

But my guess is that your neighbor is so cheesed off because down deep she KNEW the planting and irrigation was in a "grey zone" with respect to her knowledge of the property lines. I once read that whenever someone flips out and loses it completely with another person its because they're really angry at THEMSELVES. And I'd lay a dozen fresh doughnuts on the line that your neighbor is pissed off at herself for not checking the boundries FIRST. She's thinking about the money spent on irrigation, soil amendments, plant material, labor, etc.. Pity she didn't put as much effort into the most basic aspect of landscape planning, huh? THAT'S why she's pissed off; it ain't about you and your desired fence. (and make sure you put a gate in that fence... she may decide to use it and she may not live there forever!).

AND, now she's flipped out that the full sun plants are going to be in partial shade or shade, lol.

Take a deep breath, sit tight, and let her have her tantrum. It will "blow over". But what a bummer!

Update:

So I put a very nice letter in her mailbox yesterday with a copy of the survey...within 30 minutes of her arrival home last night, she sent me an email. She's reacting immediately to everything, there's no thoughtfulness here...

She doesn't want to meet with me. She is planning to buy pit bulls (I have 2 very small children, this is not good.) She now says she'll be putting the dogs in the side yard. And finally...she demands access to my property to get to her property.

I sent another "look, can't we find a compromise?" email this morning with mockups of 6 different layouts that could work for the space. But I'm quickly approaching the point where I'm just going to call the dang city about her a/c and send her a letter giving her 30 days to move her irrigation. At what point is being nice a waste of my time with her?

And what do you all know about pit bulls?

I would say the pit bull comment comes close to being a threat. Recently 2 pit bulls that were raised to dog fight got loose & severely mauled a 50 yr old woman in town.
I would be sure to save any correspondence with here. Even notes after each discussion about what was said with dates and any witnesses.
Personally I would hang tough & do what I was legally entitled to & wanted to do.
It seems like you've been more than reasonable & willing to compromise. What makes people think they own your property is beyond me.

That fits the type same kinda deal. There is no reasoning with this kind of person,anymore than you can reason with a 9 year old during a fit. The only thing they understand,the both of them, is a good whipen,brut force,complete domanation because that is what they try to do to you.

With a little person the whipen can take several forms sometimes it takes a spanking,sometimes a slow steady voice looking them in the eyes, sometimes after spending some time alone in a room the fit goes away and talking is possible.

With a grown up little person it always takes brut force there is nothing else they understand. Doing nothing only adds to that clear to the bone stupid and fules it, they see any forgiving nonaction as a weakness like blood in the water to a shark.

Push this thing to the full press knee sweep without any more warning. Keep very good records. Side note>> A threat with a pit bull is viewed the same as pointing a glock 9 mm several states have put in place pit bull laws including my very own Cow TownYouall be strong, both you two. J.

whipen=whippin' ?
brut force=brute force ?
domanation=domination ?

Give me a break.

Call the city offices. Tell them what you want to do with your property and exactly what you've said/written/sent to your neighbor. Take a deep breath and don't let her foolishness unsettle you. You have right on your side. RELAX! let the town authorities take over.

Pit bulls. Oh brother... there in one next door to me and he's a delightful dog. Our dog loves him (I'm not kidding). She's blowing steam. Ignore it and go to the town, you've been pleasant, courteous, and now it's time for the town to take over.

Don't get involved in a screaming match with her. A pleasant, courteous nod is all that you need muster now. Smile and betray nothing.

Keep cool. And hang tight. :)

Just to follow up on this...

This got extremely nasty - she refused to meet with me, and would only email, which is a terrible communication channel. She kept threatening me with lawyers, but I have to imagine given the number of vile emails she sent me that she never really talked to one...any lawyer would have ixnay'd the emails immediately. I kept my end positive and tried to be productive, but honestly, I never got any mileage out of my restraint.

Bottom line, she's moved the irrigation, but only after tons of histrionics ("I'm afraid to go on vacation because you might burn down my house!" Not kidding, folks.) She's moving her side yard plantings to the back yard next week. She's also planning to put lights up on the side of her house...I can only hope they're on a motion detector. I'm out of patience with her, and will call Building and Safety if she does anything I think is outside of code. But I know that will start the deluge of abuse all over...

I have no idea if she's serious about the dogs, I'll cross that bridge etcetera etcetera.

It's been awful...I would never wish this on anyone. I've totally lost any enthusiasm for the fence at this point. However, I do really appreciate the sage advice from this forum!

Go Get Em Deb,as I said I have seen this before the only thing they understand is brut force,also as I said you need to firmly decide to go ahead with your project otherwize there is no point in this. Good to hear from ya Girl!! be strong and smart. John

Not a regular, here, but couldn't help lurking on the side and following what is coming about with this one.

About the 'Pit Bulls'--not sure what your laws, in Calif. are, in their regard but in Ohio, if you have one,
it must be kept in a completely enclosed pen--6ft. tall and covered across the top, with a concrete slab
as the floor. The owner must carry an 'umbrella' to their insurance policy, to the tune of $1,000,000!

The dog/dogs are NEVER allowed out without a leash, and that means even from pen to house!

So, there may be more to be dealt with on her end, if she investigates the cost and terms and if she decides to
really carry out her threat--which I wonder if she actually will!

Could get expensive for her to do all that! Talk about "biting off your nose to spite your face"!
But, she is acting horribly childish and territorial and unreasonable!

Funny (not at all) what can bring out the worst in human nature, isn't it--always--almost always--about greed!

Most of the time with bad deals like this it has nothing to do with greed, everything to do with stupid/mental/drugs/drinking.

This thing and all the others I have seen could have been talked over with a coffee on a weekend taking a break from mowing the lawn between two normal People with both of the Folks involved coming out ahead.

A dog that is trained/bred to fight is the same as a loaded gun, they can go off by mistake. J.

Deb, I'm not exactly sure of all your circumstances, but I'll try to offer some Land Surveyor advice as it applies here in Illinois.

How long has your neighbor lived in the house? In Illinois, adverse possession can be an issue after 20 years. If she has openly and notoriously maintained and believed that part of the yard in question is hers, she may have an basis for an argument. This is something a Land Surveyor really can't determine - only a lawyer.

As far as granting access to her parcel from yours, you really don't have to do this unless her parcel was landlocked and your parcel had senior rights over her parcel. In other words, her parcel was split off from yours and was completely surrounded by other parcels, where access to and from couldn't be accomplished unless crossing someone else's land. Usually an ingress/egress easement is written for access.

Property issues are never easy. You can usually get 10 different surveyors to generally agree, but then get 10 lawyers to thoroughly confuse the courts to a point where they believe white is black and the sun rises in the west.

Make sure you have a valid, signed and sealed (in the state which you live in) survey from a reputable surveyor who is familiar with the area. You could offer her to hire an independent survey done, but it sounds like she isn't too open to communication.

Be sure to save all of your emails with the neighbor. It sounds like you will probably need them later on.

Up date on my day in court>> the not really thinking right Lady has lost her Lawyer,again this is the second time, the Man has filed with the Court that he is no longer intersted in dealing with her Shi###t or words to that effect forgive me I am just a working man. Anyway as it stands now she has a court date with no Lawyer.

It would not suprise me if she got a third lawyer guy and just keeps going.

I am telling you guys there are some silly totaly grown Folks out there with $ that are still in grade school in what is left of his or hers mind wanting a fight out by the bus stop. Ghesssssssssssss. John

Youngdeb,

I've thought of you several times in the past few weeks; most notably yesterday when the pitbull next door came over to say hello to our dog!

I'm so sorry your neighbor has decided to be such a ninny. Yep! save the e-mails, lol. NO lawyer would ever allow ANY communication with you directly (that's why lawyers are often referred to as, "mouthpieces").

I know how very hard this must be for you. But try to "make a place for it" and keep your life on an even keel. You will win this one, but it's probably going to really suck in the meantime.

This is thirteen years ago. I wonder what wound up happening. 🧐