Fencing etiquette?

[paulsharvey]

i wouldn't bother

Preciate the encouragement

 

[Jstpssng]

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[Torvy]

Offset fencing is often done so maintenance can be done on the fencing without encroaching on the neighbors' property.

Mark the property lines well and maintain the property and they can't just steal it. (Caveat: check your state laws, they can vary greatly).

 

[FullMetalBucket]

Sounds like you tried to work a compromise they weren’t interested in. Do what you have to do and if they don’t like it they can go fence themselves .

 

[kenmac]

IDK if this applies to every state or not. But this is what google showed
How a Fence Can Become the New Line

• Adverse Possession: If a neighbor builds a fence, uses the land as their own (e.g., mowing, gardening), and occupies it openly, notoriously, continuously (10+ years), and exclusively, they can claim that land as theirs, making the fence the new boundary.

 

[Jstpssng]

IDK if this applies to every state or not. But this is what google showed
How a Fence Can Become the New Line

• Adverse Possession: If a neighbor builds a fence, uses the land as their own (e.g., mowing, gardening), and occupies it openly, notoriously, continuously (10+ years), and exclusively, they can claim that land as theirs, making the fence the new boundary.

Not just fences. If you put a shed or othet on your neighbor's land the same rules can apply. There was a casea few years ago where somebody lost 20 acres to a goat farmer.

https://www.npr.org/2023/05/03/1173682158/delaware-goats-property-land-squatters-adverse-possession

In the OP's case however, his neighbor built his own fence set back off the line.
Adverse possession wouldn't apply unless he started acting like he owns to the fence and the neighbor didn't stop him or otherwise make arrangements to ensure it was temporary.

 

[RjCorazza]

A key necessity to Adverse Possession is "without permission". If a landowner agreed to allow his neighbor to use land up to an offset fence there could not be a legitimate claim to the land via Adverse Possession.
50 years ago my father gave written permission for his neighbor to use 20' of his land for the neighbor's driveway. Upon dealing with the estate, the neighbor was denied ownership of the land because he had revocable permission. His case never got past a lawyer's review, so it never went to an actual court proceeding.

 

[riptides]

This brings back bad memories from the TBN Easement encroachment thread some 20 years ago.

One could learn a lot from that thread.

 

[RjCorazza]

This brings back bad memories from the TBN Easement encroachment thread some 20 years ago.

One could learn a lot from that thread.

LOL... I'm sure I posted on a thread about encroachments. It can be quite the rabbit hole!

 

[paulsharvey]

I guess I posted, already knowing the answer, fence my line, let neighbor worry about his own stuff. Just, it does seem silly to have fences back to back (or nearly so). But, things can be silly, and correct at the same time I guess