unfriendly neighbors

[mthayer]

Jurisdiction

Pennsylvania

I will try to make this as short as I can. My neighbors informed us they were going to take down the fence(chain link) between (our side yard and their rear) our houses, and rebuild with a wood fence, which also matches their existing fences. Our house is surrounded by chain link. They said it was going to take almost all summer. Our only concern is that our dogs wouldn't get out, they have a dog also. Our other concern was that it was not going to encroach our side. They did repair a 50 ft section of the chain link instead.

Fast forward 2 months, and they have opened up a section of the chain link and then called Dog law enforcement because our dogs went onto their property. I tried putting up an emergency barrier. They then called the police and said I was trespassing. Their claim is that the fence is 6 inches off the property line, and because of that, I can't put up a barrier to block the open fence. Well, I can however, I can't use those 6 inches to do it. The police said PA law says it has to be that far off the property line. So effectively, I build a fence 6 inches off, they completely remove the fence and gaining 1 foot. I asked the cop, if I put my foot next to the fence, would I be trespassing, he said yes. If they pursued it, he would arrest me for trespass.

My questions here are:

1.) Can they remove the fence without our permission? Our other neighbor says the fence was built in 1986 from the owner before the people we bought from.

2.) Whose property, on our side of the fence is it?

I should note that the fence issue is a result of not trimming the trees facing there house. They have called codes for trees I did cut and are in piles about 10' off the fence line. And also for 2 cars we have in the yard. Completely enclosed property and the only people who can see the cars, are them. They aren't broke down or look horrible.

 

[mthayer]

I will try to make this as short as I can. My neighbors informed us they were going to take down the fence(chain link) between (our side yard and their rear) our houses, and rebuild with a wood fence, which also matches their existing fences. Our house is surrounded by chain link. They said it was going to take almost all summer. Our only concern is that our dogs wouldn't get out, they have a dog also. Our other concern was that it was not going to encroach our side. They did repair a 50 ft section of the chain link instead.

Fast forward 2 months, and they have opened up a section of the chain link and then called Dog law enforcement because our dogs went onto their property. I tried putting up an emergency barrier. They then called the police and said I was trespassing. Their claim is that the fence is 6 inches off the property line, and because of that, I can't put up a barrier to block the open fence. Well, I can however, I can't use those 6 inches to do it. The police said PA law says it has to be that far off the property line. So effectively, I build a fence 6 inches off, they completely remove the fence and gaining 1 foot. I asked the cop, if I put my foot next to the fence, would I be trespassing, he said yes. If they pursued it, he would arrest me for trespass.

My questions here are:

1.) Can they remove the fence without our permission? Our other neighbor says the fence was built in 1986 from the owner before the people we bought from.

2.) Whose property, on our side of the fence is it?

I should note that the fence issue is a result of not trimming the trees facing there house. They have called codes for trees I did cut and are in piles about 10' off the fence line. And also for 2 cars we have in the yard. Completely enclosed property and the only people who can see the cars, are them. They aren't broke down or look horrible.

I registered I am the OP

 

[army judge]

Yes, they bought the house, they own the fence.

If its your side of the fence, it's your property.

 

[adjusterjack]

Can they remove the fence without our permission?

Yes.

Whose property, on our side of the fence is it?

Depends on where the property line is.

To determine that you'll have to locate your survey stakes. If you can't find your survey stakes you will have no choice but to pay for a survey or these people will DO whatever they want to DO and you won't be able to stop them.

Once you find your stakes or a new survey places new stakes, immediately connect them with a brightly colored cord and take dated photos from various angles to document the position of the property line in case the stakes later disappear. If there are any landmarks nearby at either end, lay out a tape measure so you can include it in the photos.

Once you have the property line documented put up your own solid fence an inch or two on your side of the property and that will solve any problem you'll ever have with your neighbor.

Yes, that will cost you money. Yes, it's not your fault. But your choice is to do it or face unimaginable hassle with your neighbor for a long time to come.

And also for 2 cars we have in the yard. Completely enclosed property and the only people who can see the cars, are them. They aren't broke down or look horrible.

To you.

But, frankly, I can't blame the neighbor for not wanting to look at them. Again, if you want to avoid that issue, put up a solid fence.

 

[mthayer]

There is what looks like a stake at the front of the property but nothing in the rear.

The fence has been here since we moved in 12 years ago. They moved in, in 1998. Our rear fence is attached to that fence. As far as I know, that fence has been up since 1986 when he previous owner of our house now, put it up. The fence has been the boundary for at least 12 years.

I tried putting the barrier up about 4 inches off there fence because I knew they would complain. I even took a video of me doing it. They undid just a section of the fence and rolled up the chain link. I tried to roll it back and put a couple wire ties so my dogs wouldn't get through. They called the cops then also.

The kicker here is, they claim to have paperwork showing that it is indeed off the line, but will not show it to us which would avoid all of this.

I can't find any PA law or code regarding this. I search and only find what other states do. We both use the fence, him to keep his grandkids and dog in, and us the same.

 

[army judge]

There is what looks like a stake at the front of the property but nothing in the rear.

The fence has been here since we moved in 12 years ago. They moved in, in 1998. Our rear fence is attached to that fence. As far as I know, that fence has been up since 1986 when he previous owner of our house now, put it up. The fence has been the boundary for at least 12 years.

I tried putting the barrier up about 4 inches off there fence because I knew they would complain. I even took a video of me doing it. They undid just a section of the fence and rolled up the chain link. I tried to roll it back and put a couple wire ties so my dogs wouldn't get through. They called the cops then also.

The kicker here is, they claim to have paperwork showing that it is indeed off the line, but will not show it to us which would avoid all of this.

I can't find any PA law or code regarding this. I search and only find what other states do. We both use the fence, him to keep his grandkids and dog in, and us the same.

Commission a survey, if this annoys you that much.

Sure, it'll cost you some money, but you'll know the TRUTH.