Illegal trespassing?

4 years ago

Hi, my neighbor's pool company (who also happens to be mine too) used my backyard to build their pool without our permission. When we recently started building our pool we were required to get a signed approval from a different neighbor on the other side of us to use their land but somehow we weren't given the same chance to approve our property being used. Now normally we'd probably consider letting it go but this particular neighbor is refusing to split costs on the fence in between us as required in the by laws of our neighborhood since we're both under construction at the same time. I spoke with the pool company but they were kind of like "oh well what do you want us to do now that we're already almost done?" Is there something I can do about this?

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Comments (5)

bry911
4 years ago
For several reasons there is likely nothing you can do about the trespass. You might have been able to do something at the start, but even that isn't guaranteed, and it is too late now.
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Mark Bischak, Architect
4 years ago
What do you want them to do now that they're already almost done?
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jmm1837
4 years ago
last modified: 4 years ago
It's not the pool company's problem: the fence issue is between you, the neighbor and the HOA, if there is one.
bry911
4 years ago
Someone had to start the feud between the Hatfields and the McCoys. You have to suppose that they later regretted it... this may well be that moment for someone.

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Fences are rarely constructed on property lines in a shared ownership arrangement. Fences are usually constructed fully on one property against the neighboring property. There are several reasons why shared ownership of a fence can be a bad idea. First, you are giving your neighbor an easement on to your property to inspect and maintain the fence. Next, your neighbor can act to repair and maintain the fence and then send you a bill for half. So unless your HOA maintains all the fences once built, I would not share a fence with your neighbor, especially since they have already been reluctant to pay.

Now, this next part is a bit petty but might work to get your neighbor to pay half. This will only work if your bylaws don't require the fence to be constructed at the property line. Talk to your neighbors and ask them if they would like to pay you some money to have your fence constructed at/near the property line and allow them to connect their fencing to it. If not, you are going to only fence a portion of your yard and they will have to pay to fence their property themselves. Be nice about it, like your really just envision a fence with room to plant around it and make it beautiful.

While you can't do anything about the trespass, you can certainly refuse to let them connect to construct any connection to your fence on your property. Since they are going to be required to have a fence around their pool (assuming these are in-ground pools), then they will have to build their own fence. It will be a lot cheaper for them to pay some portion of yours than it will be to build their own.
scout
4 years ago
Is it possible they didnt want the fence as it would block access for building their pool? Of course, you would hope they would have said something at the time.