Homeowner demands their neighbor’s new fence be moved after she installs it several feet into homeowner’s property: ‘[She] asked if I would be willing to just live with it due to the expense’

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  • AITA for telling my neighor if her new fence is on my property I’m going to ask she moves it.

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  • I have historically had a good relationship with my elderly neighbor. We have always been nothing but friendly with each other.
  • We own hillside homes in Southern California. Each worth about 1 Million in today's market. Last week she told me she was going to fence her yard because she doesn't like the high school kids down the street trespassing.
  • I told "go for it", all I ask is keep it on your property. This week the fence was completed.
  • She flagged me down in my driveway today and asked me what I thought of her new fence.
  • I was honest with my concerns and let her know the contractor installed the fence several feet to the south of the sewer grates which I believe is several feet on my property.
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  • Per my title records we split the easement so I thought it should be placed on the north side of the sewer grate on her side.
  • (Fence was installed in one day and all took place while I was at work, had no time to pause it while they were building or I would have said something).
  • She kind of shrugged it off and told me she doesn't think it's placed wrong. I told her due to the expense of land in our area I would be scheduling to have a survey done to confirm the fence is property placed.
  • I informed her if it was off by inches it wouldn't be a problem but if it's discovered it's several feet on my property I would ask it be moved.
  • She seemed kinda surprised and irritated that I would request the fence be moved asking if I would be willing to just live with it due to the expense.
  • I informed her due to the small yard and expense of land in our area | don't think that's something I would be okay with.
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  • I kindly informed her I think she should have had a survey done prior to fence placement if this was something she was concerned about.
  • I don't think I should donate land I pay for because of her error. TLDR: Neighbors new fence appears to be on my property.
  • I'm getting a survey to confirm. Neighbor is upset I'm getting survey and says even if her fence is on my land she asks I don't make her move it.
  • UPDATE: Wow. I did not anticipate this one would be of any interest. Yesterday I was in contact with several survey companies.
  • Some have sent estimates, some said they will have one sent by Monday next week. From the two I've gotten thus far I'm looking at about 4-5K.
  • Spoke to a real estate attorney who made me feel better about the situation. He advised he has seen this many times and it's a very straight forward case especially when fresh.
  • In a nutshell if survey confirms it's on my property at all then I notify neighbor it needs to move.
  • He said in his experience it rarely has to see a courtroom. He additionally added it should be a red flag that I don't see any underground utilities marked prior to work starting.
  • Especially because it's on a sewer easement. He added in my city the manhole shouldn't be fenced into her yard in the event it needs servicing.
  • With the new fence it's now enclosed in her yard. I will update when survey is done.
  • Some companies are booked until January...
  • Burlingham Bob You are NTA because it is your property but this would have been a good day to have taken off to make sure that the fence was installed on her property. It's cheaper than the survey that you will pay for now.
  • OP Particular-Diver8913 Trust me I wish I had. She said she estimated it would be 3 weeks until the install. It was 4 days....
  • Positive Atmosphere13 What was there before? How was the placement of the new fence determined? Did someone just say this looks good. We'll put it here.
  • OP Particular-Diver8913 No prior placement. Our yard just connected. Sounds like that's exactly what she did. Not sure how that spot was picked. It's out of the tree line so I kinda assumed it was picked because it was easy for the installer. Didn't require any landscaping if they put it there.
  • authorinthesunset Umm, I'd send the invoice for the survey her way. I'd also have a talk with whoever put it up about working without a survey? Do you live in a community that doesn't require permits for this kind of work.
  • OP Particular-Diver8913 Her handyman installed it so I assume no permits were pulled. But I really don't want to go down that road. I don't mind her having a fence and I don't want I be too difficult... I just don't want it on my land.
  • bippityboppitynope NTA. How did she get it installed without the survey? We needed a curvery to even add to our driveway with a licensed contractor.
  • OP Particular-Diver8913 She told me her "handyman" did it.
  • NTA Spare-Shirt24 Getting a survey should have been part of her due diligence before she got the fence installed.
  • Mathamagician77 NTA, this is a common tactic to "gain" more real estate by neighbors. Get that survey.
  • NTA. Discount_Mithral If it is indeed several feet over the line, that needs to be moved ASAP. Heck, even more than 6" and I'd say move it. Land/Property taxes keep going up, you're paying for land you can't access if her fence is in the wrong spot. End of story. Do not let her keep your property that YOU have to pay taxes on.
  • TrainingDearest NTA Get the survey - which is what she should've done in the first place. I have to wonder if she even got a permit for it, because in my area that's a requirement for a 'new' fence along with submitting line drawings to show that it will be built on the correct property. Having her fence on your property is a big problem - especially if you ever want to sell your property - potential buyers will not want to inherit that fight.
  • NTA Used_Mark_7911 I'm surprised she found a fence company willing to do it without a proper survey. Our town would also require a permit.
  • spambreath Wow, imagine taking your neighbors land and expecting them to be okay with it. She was hoping you wouldn't mind her land grab and do anything about it. Survey and making her move it is way to go.

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