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slickdawg
3/28/2006, 12:49 PM
ALWAYS GET IT IN WRITING!


Dammit, I knew that, and I didn't.


We put up a fence in our backyard last fall, using the fence builder that
our next door neighbors recommended.

Our house is 5.5' from the property line on that side.

We needed to move the fence in the corner by the house over about a foot
so we could put a gate in on that side.

I ask the neighbor with the fencebuilder there, she said no problem.
"That part of our yard is not usable for us anyway". They've been
good neighbors and nice people, so we just agreed and moved on.


Well, they just sold their house, and the buyers want the fence off their property. So I've got to move about 10' of fence over a foot for these
azzwholes. They are being such jerks about the whole thing,
we've notified them that they will never be allowed to connect to our fence
for any reason, in perpetuity.

Slickwife is livid, as am I.

yermom
3/28/2006, 01:20 PM
i don't see how writing would help, unless they gave you that portion of their property

Pricetag
3/28/2006, 01:22 PM
I'm sure you wouldn't have any problem with someone else infringing on your property, right?

slickdawg
3/28/2006, 01:23 PM
Well, I'm no lawyer, but I'd think if I had it in writing that it was OK for
this 10' section of fence to encroach onto their property, that would
work.

slickdawg
3/28/2006, 01:24 PM
I'm sure you wouldn't have any problem with someone else infringing on your property, right?

In this case - where both neighbors had agreed, it would not be a problem.

Now, if someone just up and built a fence on my lot without asking first,
of course that's a different story.

yermom
3/28/2006, 01:26 PM
all bets are off if they sell the property though, now if it was the same owners, i can see where you might have a case

they don't have to be dicks though :mad:

Pricetag
3/28/2006, 01:28 PM
all bets are off if they sell the property though, now if it was the same owners, i can see where you might have a case

they don't have to be dicks though :mad:
I'm just curious how much of their "being dicks" is in response to the slick family reaction to their request to move the fence.

slickdawg
3/28/2006, 01:33 PM
I'm just curious how much of their "being dicks" is in response to the slick family reaction to their request to move the fence.


their "being dicks" is what drew the response. They want this done
by Friday, closing date. Since Katrina, getting contractors to show up and actually work is a huge challenge. We waited three months just to get
the fence built to begin with.

In the scope of things, this relatively minor thing shouldn't be a
"deal breaker" for the buyers. That's what they tell the sellers and real estate agent, but they also say they "don't want to get off on the wrong foot with us".

proud gonzo
3/28/2006, 01:58 PM
you can't build a fence yourself? :confused:

slickdawg
3/28/2006, 02:01 PM
you can't build a fence yourself? :confused:

It's a matter of having the time to do so. If I only had the time.......

SoonerInFla
3/28/2006, 03:05 PM
their "being dicks" is what drew the response. They want this done
by Friday, closing date. Since Katrina, getting contractors to show up and actually work is a huge challenge. We waited three months just to get
the fence built to begin with.



Have you told them the situation with contractors and your schedule?

usmc-sooner
3/28/2006, 03:24 PM
see if you can buy that 10 ft of property from them.

If it was me I'd just tell them I couldn't do it. If it meant that much to them I'd tear down that part of the fence between the 2 properties making it look as ****ty as possible with no fence you can barbecue in the nude, let your dog bark all night, grow a mulberry bush next to their property.

If they haven't moved in you can go and spray their grass with a nice welcome message.

12
3/28/2006, 03:29 PM
Bad neighbors are sure a pain in the rear. I might start a new thread about our new neighbors. Man, they anger me.

Our old neighbors, Mr. and Mrs. Aging Alcoholic, never bothered us one bit.

SoonerInFla
3/28/2006, 03:30 PM
see if you can buy that 10 ft of property from them.

If it was me I'd just tell them I couldn't do it. If it meant that much to them I'd tear down that part of the fence between the 2 properties making it look as ****ty as possible with no fence you can barbecue in the nude, let your dog bark all night, grow a mulberry bush next to their property.

If they haven't moved in you can go and spray their grass with a nice welcome message.

Hell Yeah! Tell em if they don't like it to move it their damned selves. It's on their property.

Pricetag
3/28/2006, 03:59 PM
Can someone please explain how wanting someone else's fence off your property makes you a bad neighbor?

I can sympathize with slick because he's one of us. I definitely can understand his problem with the time constraint due to all that is going on in that area, and so should the buyer.

It is not, IMO, unreasonable for them to want it fixed, though. Maybe they should have made it a deal breaker, though. That might have motivated the old neighbor to get it taken care of, since they gave permission.

slickdawg
3/28/2006, 04:02 PM
Have you told them the situation with contractors and your schedule?

We laid it out for them, explaining the significant issues with contractors
right now. They still choose to be dicks about it and are threatening
my neighbors to cancel the deal.

slickdawg
3/28/2006, 04:06 PM
Can someone please explain how wanting someone else's fence off your property makes you a bad neighbor?

I can sympathize with slick because he's one of us. I definitely can understand his problem with the time constraint due to all that is going on in that area, and so should the buyer.

It is not, IMO, unreasonable for them to want it fixed, though. Maybe they should have made it a deal breaker, though. That might have motivated the old neighbor to get it taken care of, since they gave permission.

I think it would have gone down much easier if they had just said "fix
it as quickly as time and scheduling permits" instead of telling our
neighbors to tell us "fix it by Friday or the deal is off".

SoonerInFla
3/28/2006, 04:13 PM
I agree it is not unreasonable for them to want the situation fixed. That is their right. However, if they choose to make this a " deal breaker ' given the circumstances, then I beleive these people fall into the ******* category.

Personally, I'd probably go out and take the 10" of fence down and put it back up at my convenience. The only reason I'd do that is to help the previous owners out of this situation that may keep them from closing.

Just out of curiosity. Are the new people from up north?

Rogue
3/28/2006, 06:03 PM
In Tennessee, Kentucky, or West-by-gawd-Virginia, 10' of property can get you shot.

mrowl
3/28/2006, 06:07 PM
if the house closes with that fence on THEIR property, they have every right to go knock it down...

I don't see where they are being *******s? Maybe this is a condition of the sale of the house?

SoonerInFla
3/28/2006, 06:20 PM
if the house closes with that fence on THEIR property, they have every right to go knock it down...

I don't see where they are being *******s? Maybe this is a condition of the sale of the house?

They want this done by Friday and slick can't get to it by then. Do you have any idea how hard it is to get a fencing company out ANYWHERE on the Gulf Coast? I had to have an exterior door frame replaced after Hurricane Ivan and it took a year to get anybody to do it. I can imagine the laughter that will erupt when he asks someone to come move 10' of fence.

PhxSooner
3/28/2006, 06:29 PM
People can be real #%^heads when it comes to stuff on home sales. I can understand that they want the fence moved, and they are within their rights to do it after they close. Maybe they are looking for a way out of the contract without losing their earnest money? Not very realistic to expect it to be done ASAP. I doubt fence-moving is on the top of the list for any contractor near the gulf coast.

mrowl
3/28/2006, 06:31 PM
if its that big a deal to the original home owner, they should and like said above, are within their rights to do it.

GottaHavePride
3/28/2006, 06:39 PM
I thought Rule #1 was "Do not be incautious when confronted by a smiling bald man."

slickdawg
3/28/2006, 06:46 PM
I agree it is not unreasonable for them to want the situation fixed. That is their right. However, if they choose to make this a " deal breaker ' given the circumstances, then I beleive these people fall into the ******* category.

Personally, I'd probably go out and take the 10" of fence down and put it back up at my convenience. The only reason I'd do that is to help the previous owners out of this situation that may keep them from closing.

Just out of curiosity. Are the new people from up north?

I don't know, but I am willing to bet they are yankees.

CobraKai
3/28/2006, 06:46 PM
And I thought rule #1 was not to talk about fight club.

GottaHavePride
3/28/2006, 06:47 PM
No, definitely the one about the smiling bald man.

http://ezine.kungfumagazine.com/images/ezine/ShaolinMonk.jpg

SoonerInFla
3/28/2006, 07:19 PM
I don't know, but I am willing to bet they are yankees.

That's what I was thinking. We had a Yankee move into the neighborhood. Mom was walking Dirty Dingus MaGee (Our Big, White German Shepherd) The infadel had a little rat lookin dog that decided to throw down on Dingus as they walked by. Dingus rolled him over, pinned him and for some strange reason just held him there waggin his tail instead of eating him. The Yankee screamed bloody murder and once he got the rat dog back said he was calling the police. His mistake was spitting toward Mom as he left. The Yankee had a hearing set that was to deem Dirty Dingus as a vicious animal. Mom takes Dingus to court along with videos of him playing with young kids and such. Judge sets Dingus free and declares him not vicious. Mom pressed some charges of her own. The fancy lawyer down the street told her that spitting at her was some type of assault. Turns out this Yankee worked for NASA. He lost his security clearence for being a moran.

slickdawg
3/28/2006, 07:29 PM
That's what I was thinking. We had a Yankee move into the neighborhood. Mom was walking Dirty Dingus MaGee (Our Big, White German Shepherd) The infadel had a little rat lookin dog that decided to throw down on Dingus as they walked by. Dingus rolled him over, pinned him and for some strange reason just held him there waggin his tail instead of eating him. The Yankee screamed bloody murder and once he got the rat dog back said he was calling the police. His mistake was spitting toward Mom as he left. The Yankee had a hearing set that was to deem Dirty Dingus as a vicious animal. Mom takes Dingus to court along with videos of him playing with young kids and such. Judge sets Dingus free and declares him not vicious. Mom pressed some charges of her own. The fancy lawyer down the street told her that spitting at her was some type of assault. Turns out this Yankee worked for NASA. He lost his security clearence for being a moran.


And we wonder why the space program is so screwed up?

SoonerBorn68
3/28/2006, 07:46 PM
Hey slick, you might want to consider burning manure when the wind conditions are right...

slickdawg
3/28/2006, 07:58 PM
Hey slick, you might want to consider burning manure when the wind conditions are right...

I like the way you think. :D

OUHOMER
3/28/2006, 08:00 PM
I say if it is a deal breaker, let it break. who wants them next door anyhow.

usmc-sooner
3/28/2006, 08:05 PM
Actually I think there is a law that may protect slick here.

My Grandpa's house and part of his backyard were surveyed wrong. Well when he was adding on he had it surveyed again. He found out that he was on his neighbors property a little over a foot. He went and told his neighbor, who was a friend of his. The neighbor says don't worry about it, it hasn't affected us in all these years I don't care. Well the neighbor dies and the estate sells it to this lady who wanted my grandpa to move everything including part of garage roof.

They were told if the agreement was in place before she bought the place she couldn't do nothing about it legally.

BoogercountySooner
3/28/2006, 10:05 PM
I would get some handicap tags for my car and drive in front of them with my blinker constantly on!:mack: :hmfic:

slickdawg
3/28/2006, 10:17 PM
I would get some handicap tags for my car and drive in front of them with my blinker constantly on!:mack: :hmfic:

He, I could block their driveway with the blinker on, and in reverse! :mack:

slickdawg
3/29/2006, 10:28 AM
This whole situation is really sad. Our neighbor was in tears talking
about the problems they are having. Her husband is bi-polar,
and he's going to have to "check in" for a few weeks to get stabilized,
which is one of the main reasons they are moving. They aren't dealing
well with life post-Katrina, and now they apparently have the buyers
from hell.

Neighbor said this morning "if I wasn't so desperate right now, I'd tell them
no deal, but I can't right now, I can't handle any more"

Sounds like these new neighbors are gonna be charming mofo's.

Sooner24
3/29/2006, 10:49 AM
In Oklahoma the fence would be considered an encroachment and the party encroached upon may or may not have the ability to to have it removed depending on the circumstances.

If the fence (encroachment) has been present for the statutory period, fifteen years, then the owner of the encroachment may assert a right to the affected land on the basis of adverse possession.

This is in Oklahoma so it may be different in MS.

1stTimeCaller
3/29/2006, 10:52 AM
how long has your fence been on that property? What's the law for squatters? Isn't it something like 3 years? If the fence has been ther long enough then the property is yours.

Sooner24
3/29/2006, 11:09 AM
Squatters rights and adverse possesion are two different things. He can't claim squatters rights in this situation.

OUHOMER
3/29/2006, 07:31 PM
This whole situation is really sad. Our neighbor was in tears talking
about the problems they are having. Her husband is bi-polar,
and he's going to have to "check in" for a few weeks to get stabilized,
which is one of the main reasons they are moving. They aren't dealing
well with life post-Katrina, and now they apparently have the buyers
from hell.

Neighbor said this morning "if I wasn't so desperate right now, I'd tell them
no deal, but I can't right now, I can't handle any more"

Sounds like these new neighbors are gonna be charming mofo's.

Well Slick if you want to help the old neighbor, get out there and tear down the fence. When you get home pull the car over turn on the head lights, get out the big hammer and knock it down. 6 pack of beer and it will be down in no time.

slickdawg
3/29/2006, 07:37 PM
Well Slick if you want to help the old neighbor, get out there and tear down the fence. When you get home pull the car over turn on the head lights, get out the big hammer and knock it down. 6 pack of beer and it will be down in no time.


I'm probably going to pull the chainsaw out and cut the 4x4's at the ground
to help the neighbors out.

then I'll hire a New Orleans GANGSTA to paint some graffiti on the
fence (their side, of course).

:texan:

TheHumanAlphabet
3/29/2006, 07:39 PM
ALWAYS GET IT IN WRITING!


Well, they just sold their house, and the buyers want the fence off their property. So I've got to move about 10' of fence over a foot for these
azzwholes. They are being such jerks about the whole thing,
we've notified them that they will never be allowed to connect to our fence
for any reason, in perpetuity.

Slickwife is livid, as am I.

Go out and build the ugliest fence you can find, find rotten boards, termite eaten slats and see what they say? Since hey can't connect to your fence, they will have to build a whole new fence and then you get some more yard when you take down your fence...

TheHumanAlphabet
3/29/2006, 07:46 PM
Actually I think there is a law that may protect slick here.

My Grandpa's house and part of his backyard were surveyed wrong. Well when he was adding on he had it surveyed again. He found out that he was on his neighbors property a little over a foot. He went and told his neighbor, who was a friend of his. The neighbor says don't worry about it, it hasn't affected us in all these years I don't care. Well the neighbor dies and the estate sells it to this lady who wanted my grandpa to move everything including part of garage roof.

They were told if the agreement was in place before she bought the place she couldn't do nothing about it legally.

Squatter's rights. Based on the fact that the previous owner knew about the problem and chose to do nothing, he basically turned the property over and lost right to that stretch by not enforcing his ownership. Time and knowledge go a long way in determining ownership is situations like this...

Sooner24
3/29/2006, 08:00 PM
Question 19 of 30 in General Landlord Tenant Law Questions
With the owner's permission, i've lived in a trailer on his ranch property for over 25 years. Do I now own the land on which the trailer sits? What's the law on squatter's rights?

All depends. You usually only can acquire land by "adverse possession", if you are there in the open and "notorious" (e.g.. so anyone can see it.) You can also try possession under a claim of right (e.g., as if you had reason to believe you had the right to be there and keep the land, perhaps because you were watching the other property for the owner, and he said I want you there and if you look out for the rest of the land, this land will be yours). A tenant under a lease doesn't get to keep the house after paying rent for 25 years, for example.

But you need to contact an attorney in your state who can explain what your state's rules are and how they apply to your exact situation. It's worth a shot.

Sooner24
3/29/2006, 08:00 PM
Not quite the same but either way I don't think the fence has been up long enought to matter.