Nieghbors & Fences - Page 3 - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

bizaro86 · 03-09-2011, 04:11 PM

At my last house my neighbour wanted to tear down an older fence between his yard and mine and put up a new fence. He wanted me to put in the cost of the materials, and he'd provide the labour, since he built fences as a profession. He had a dog and kids, and I had neither, and the back of my yard was also unfenced. I would have gained no value from a fence. I told him it wasn't in the budget that year, and by the time the next year rolled around we had sold and moved away.

I recently drove by, and there is a beautiful cedar fence there now. I wonder if he got the folks I sold my house to agree to that...

He came and talked to me about it, which I appreciated, and I probably would have pitched in for half the next year. If he had gone ahead and built it without discussing it with me first, there is no way I would have paid him anything.

Boblobla · 03-09-2011, 04:28 PM

Quote:

Originally Posted by Coys1882

That 30 square feet of property between the property line and the other side of your fence would be a great place to grow some stinging nettles or some Scottish thistle shrubs.

I would paint that side of the fence hot pink, since it is still on your property.

Gundo · 04-15-2011, 10:25 PM

Just a heads up to everyone looking to build a fence Rona is having the 15% off one item tomorrow, I purchased my fence package last summer during one of these sales and they will give you 10% off your entire fence package most fences costing between $1500-$2000, will put $150-$200 worth of Pizza & Beer in front of your crew of friends to helping you. You can also apply for and use a Rona Card and get an extra 5%-10% off on top of the 10%.

I know its still white outside but they will hold off on delivery of your fence package for awhile I believe.

Ace · 06-21-2011, 07:44 AM

So my neighbors built a fence while I was out of town completely on my property, what recourse do I have if it doesn't get resolved?

Boblobla · 06-21-2011, 08:05 AM

Quote:

Originally Posted by Ace

So my neighbors built a fence while I was out of town completely on my property, what recourse do I have if it doesn't get resolved?

If it is on your side of the property line, paint their side of the fence hot pink.

ken0042 · 06-21-2011, 08:10 AM

Worst case I think you could have them pay to remove the fence; seeing as it was built entirely on your property.

That would make for an akward neighbour situation though.

Rathji · 06-21-2011, 08:20 AM

If it is on your property, and not touching the property line, then you have a lot of options. To clarify, the property line is a certain distance across - although I dont remember how much, ~8-12 inches perhaps?

Since this is not a long term use thing (ie over 5 years) I dont think they really have any grounds to get an easement if you object. That means your options are:

1. Talk to them. Bring a copy of your RPR showing where the property line is and showing where the fence is. If they object to your assessment of the situation - get a surveyor to confirm your claim. The goal is to either get them to move the fence, or come to another solution - Cash exchange being the simplest, but 'exchanging easements' is possible as I recall. For example, if you wanted to build a shed or garage and use a chunk of their land - it could happen.

2. Block use of the offending item - Doesn't really apply in this case but it might be enough to stop them from closing a gate - nullifying the fence if they have pets or kids etc.

3. Sue them.

Just a note: Just because it is on your land, doesn't mean you can destroy it without facing possible legal action. I know it is stupid, but it is their fence still.

edit: As mentioned above - you might be able to paint it though, I would get some legal advice to be sure though. Make it the most hideous colors, random splotching and puke colors mixed with pastels and florescent colors.

edit2: Above all, you will probably need to consult a lawyer at some point in time and it might end up going to court, so document everything - incidents and other dates of contact, costs etc.

Ace · 06-21-2011, 08:45 AM

The neighbours are completly on-side with getting it removed and replaced, i'm just expecting the contractor to not come back and fix it. It's about 12" on our side of the line, and given the size of our yard this makes a big difference. I suppose the worst case scenario for me is to hire someone to remove it and possibly get stuck with the bill.

The dumb thing is is that when we built the back fence we found the survey pin and put the post right there, instead of attaching to this post they wen't out of their way to install a new post 12" on my property. really annoying!

Rathji · 06-21-2011, 08:52 AM

Then get them to sue the contractor if they wont move it.

You shouldn't be facing any costs from this.

Hockeyguy15 · 06-21-2011, 08:53 AM

Sounds like the contractor who did the fence should be coming back and doing it for free ASAP...I would call them and rattle their tree if they are being jerks about it.

bomber317 · 06-21-2011, 08:53 AM

Quote:

Originally Posted by Ace

The neighbours are completly on-side with getting it removed and replaced, i'm just expecting the contractor to not come back and fix it. It's about 12" on our side of the line, and given the size of our yard this makes a big difference. I suppose the worst case scenario for me is to hire someone to remove it and possibly get stuck with the bill.

The dumb thing is is that when we built the back fence we found the survey pin and put the post right there, instead of attaching to this post they wen't out of their way to install a new post 12" on my property. really annoying!

So this is the contractor's fault? That's really odd they would put a new post in when there is already one on the back.....

Rhettzky · 06-21-2011, 08:59 AM

nm, saw your reply late.

Ace · 06-21-2011, 09:01 AM

Quote:

Originally Posted by bomber317

So this is the contractor's fault? That's really odd they would put a new post in when there is already one on the back.....

No kidding, instead of using a RPR and checking the fence, the contractor seems to have put the fence exactly half way between our houses, the problem is I have 6 feet on my side and the neighbour only has 4. Aparently when I talked to the neighbours they got on the phone with the contractor right away and told them it has to be moved. Also they aparently told the contractor that they would have to talk to the neighbour first, and he said no need to wait we do this all the time. On top of that they said they didn't think the posts were in the right spot, and the contractor said they are responsible for the placement of the fence if there are any issues.

Problem for me is it just seems out of my hands at this point, as I didn't even know a fence was going up, and I have no idea who the contractor is. Just a couple weeks ago the neighbours were asking about a fence and they stated that we might not even need one. I want to be proactive on this 'cause the contractor seems fishy at this point and i'm fully expecting that he will screw over my neighbours (hence leaving me out to dry).

Also it's ugly!