Property line issue

kjrkjr

New Member
Jurisdiction
Washington
My neighbors put a (wood and wire) fence up to keep their kids from falling off the steep slope in their back yard. It forms a T with the property line in my back yard and extends approximately 1-2 feet over the property line to meet with the cement wall in our back yard. (See attached photo with black line approximating property line. The property line extends along the small rock wall and heads down the slope to the street below where there is a marker) I am very friendly with these neighbors and didn't think much about this at first. A friend noticed the fence and said it was a problem to leave it there for 2 reasons. 1) They could eventually claim rights to that 1-2 feet of property 2) Since I am planning to sell my house soon, it could be a problem to potential buyers and interfere/impede with the sale of the house. In addition these neighbors told me of a plan to plant a hedge on my side of the property line. (Just to the right of the stone wall. At first I thought this was nice of them, but my friend also said that I should not allow this as it could eventually result in their having a right to claim the property. I did talk to the neighbor and he said he did not get the property surveyed prior to putting in the fence. He asked me what I wanted him to do, pointing out that if he moved the fence to his side of the property, there would then be a gap putting his children at risk for injury. I certainly do not want anything to happing to the children. He offered end the fence on his property and to add another piece of fence on my side of the property to fill the gap. My concern is that creates the same issue as the existing fence as it is a fence he is putting up. What should I do? 1) Ask him to get a survey and run the fence along the property line enclosing his back yard? 2) Allow the fence to stay as is? 3) Add my own piece of fence on my side of property to meet his fence and protect his children? Also is it ok to allow him to plant a hedge on my side of the property? I want to keep things friendly but do not want to be stupid.
 

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What should I do?

You should discuss the matter with a real estate attorney in your county.

1) Ask him to get a survey and run the fence along the property line enclosing his back yard?

You can ask anyone anything, if the person wishes to hear you.

I don't see how asking a person that fouled up something originally will help you correct the issue?

I never trust others to accomplish the things I desire.

2) Allow the fence to stay as is?

That is certainly an option, isn't it?

However, I don't think that solves your potential problem, do you?

3) Add my own piece of fence on my side of property to meet his fence and protect his children?


I never assume risks that aren't mine.

Why do you think assuming a risk that isn't yours benefits you?

No need to answer my question, as it was intended to help you as you consider your options.

Also is it ok to allow him to plant a hedge on my side of the property?


I would never consider such a thing.

How does that benefit you?

No need to answer, as the question was only meant to assist you in thinking this matter through.




I want to keep things friendly but do not want to be stupid.


Now you're seeing through the haze.

Never assist others as they march forward to their own demise.

You're no lemming.

You're a homo sapiens for goodness sakes.
 
If you have no problem with the fence then maybe doing nothing is easiest. You don't have concerned buyers and may never have them.
If you feel you must do something then just put a new marker right at the fence.
 
My neighbors put a (wood and wire) fence up to keep their kids from falling off the steep slope in their back yard. It forms a T with the property line in my back yard and extends approximately 1-2 feet over the property line to meet with the cement wall in our back yard. (See attached photo with black line approximating property line.

This seems to indicate you put up you cement wall approximately two feet inside the property line. Assuming that's right, why did you do that?

A friend noticed the fence and said it was a problem to leave it there for 2 reasons. 1) They could eventually claim rights to that 1-2 feet of property

Is your friend a lawyer licensed to practice in Washington? I'm guessing not because he seems to have a rather incomplete knowledge of the legal issue that's being raised here.

He offered end the fence on his property and to add another piece of fence on my side of the property to fill the gap. My concern is that creates the same issue as the existing fence as it is a fence he is putting up.

What issue is that? Are you talking about the issue that your supposed legal scholar friend raised?

What should I do? 1) Ask him to get a survey and run the fence along the property line enclosing his back yard? 2) Allow the fence to stay as is? 3) Add my own piece of fence on my side of property to meet his fence and protect his children? Also is it ok to allow him to plant a hedge on my side of the property?

As you may have guessed from my comments, the legal issue your friend raised isn't the problem that he/she apparently thinks it is. As long as you are agreeable to what's been built, then there can be no claim of adverse possession.

The problem as I see it is that you seem to have built an enclosure for your yard that leaves a strip of land on the other side and which appears to be of no use to you. Based on the picture, I can't figure out how you even maintain that strip of land.

There are lots of things you could do, but not doing anything strikes me as the most logical thing (with the possible exception of documenting your agreement with the fence where it is. You could even ask your neighbor to sign a disclaimer of any sort of adverse possession claim.

I'm also skeptical that this will impact either your ability to sell your property or the sale price, but you can always confer with a local realtor.
 
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