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Neighbours new Fence seems to be coming over to my side

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  • Jul 19th, 2017 1:49 am
[OP]
Deal Addict
Aug 6, 2004
1092 posts
71 upvotes

Neighbours new Fence seems to be coming over to my side

I have a new neighbour that took down an old chain-link fence that separated our backyards. He then put up a Wood-fence that he agreed to pay for after speaking to me about it.

But now that it's up it seems to me that part of the fence is coming over into my side of the property line. His side of the fence seems in line with his property line, but the alternating plats portion of the fence seems to be well into my side.

Now he's thinking of taking down the metal railing separating our verandas and putting up a new one.

This is not a huge intrusion maybe a half inch at most, but it does appear to be more on my side.

I mentioned it to him in passing and he did seem to agree but didn't mention anything about doing something about it.

What if anything can I do about this?
21 replies
Deal Fanatic
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Oct 19, 2008
5046 posts
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Whitby
bobor wrote:
Jul 16th, 2017 4:03 pm
This is not a huge intrusion maybe a half inch at most, but it does appear to be more on my side.

I mentioned it to him in passing and he did seem to agree but didn't mention anything about doing something about it.

What if anything can I do about this?
Do you own a sledge hammer?
Deal Fanatic
Oct 26, 2008
5186 posts
1013 upvotes
BC
bobor wrote:
Jul 16th, 2017 4:03 pm

What if anything can I do about this?
Sit back and enjoy the look of the new wood fence and veranda railing that you didn't have to pay for.

At least he built a "good neighbour fence" that looks the same on both sides - he could have done a 1-sided fence with the good side facing him.

Sounds to me that it is appropriate that it approximately straddles the property line. Difficult to get these things exact. Don't think it will be an issue when you come to sell.

The only downside is when the time comes for fence maintenance (re-staining etc.) as he may not assume full responsibility for that. Or he might have moved on by then.

He sounds a lot better neighbour than a few I have had over the years. Make the most of it.
Sr. Member
Mar 19, 2013
595 posts
165 upvotes
Prince Albert, Sask.
You want to go to battle over a 1/2 inch. Really? Move on.
Member
Feb 17, 2012
456 posts
65 upvotes
Toronto
bobor wrote:
Jul 16th, 2017 4:03 pm
This is not a huge intrusion maybe a half inch at most


THE HELL???
Deal Addict
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May 11, 2009
3626 posts
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Debtario
macnut wrote:
Jul 16th, 2017 5:24 pm
Sit back and enjoy the look of the new wood fence and veranda railing that you didn't have to pay for.
...
He sounds a lot better neighbour than a few I have had over the years. Make the most of it.
+1. Small intrusions are annoying, just be glad it's just that and not rough holes with jagged footings poured over a foot into your garden underground and fence obviously over the line at some points bad.
"I possess a device, in my pocket, capable of accessing the entirety of information known to man. I use it to look at pictures of cats and get in arguments with strangers"
Member
May 28, 2017
204 posts
60 upvotes
But now that it's up it seems to me that part of the fence is coming over into my side of the property line.
How do you know? Only you can find survey bars that is the real the line. 1/2" is nothing to worry about, how wide is you lot, 15'? Should be careful, 1 in 100 people are psychopaths or borderlines, believe me you don't want to set them off ...
Deal Addict
Feb 5, 2009
2376 posts
540 upvotes
Newmarket
bobor wrote:
Jul 16th, 2017 4:03 pm
I have a new neighbour that took down an old chain-link fence that separated our backyards. He then put up a Wood-fence that he agreed to pay for after speaking to me about it.

But now that it's up it seems to me that part of the fence is coming over into my side of the property line. His side of the fence seems in line with his property line, but the alternating plats portion of the fence seems to be well into my side.

Now he's thinking of taking down the metal railing separating our verandas and putting up a new one.

This is not a huge intrusion maybe a half inch at most, but it does appear to be more on my side.

I mentioned it to him in passing and he did seem to agree but didn't mention anything about doing something about it.

What if anything can I do about this?
Half an inch at most, which could be zero or quarter, .... now I just looked at my ruler, half an inch isn't even as wide as my middle finger, you have a superb neighbour who paid for your fence and you are thinking about making a fuss about at most half an inch intrusion?

You aren't even sure, everything just seems or appears

I think you should take the fence down, hire surveyors to show you the property lines to a millimeter and rebuilt the fence exactly how your neighbour did, all with your funds.

If I were you I would pay for my half of the fence unless I were in a dire financial situation, secondly I would invite him for beer and bbq to show some appreciation.
Last edited by Homerhomer on Jul 17th, 2017 2:04 pm, edited 1 time in total.
Deal Fanatic
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Oct 19, 2008
5046 posts
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Whitby
Ask your neighbour if he has a sledge hammer you can borrow to fix the fence.
Jr. Member
May 12, 2009
128 posts
12 upvotes
Toronto
It is not a lot. However, it might become a problem in the future for the person who buys your house. If change does not show on the survey, the purchaser of either house will assume property line is where the fence is. If this change is not recorded in 10 years on the land registry document it becomes permanent. The owner has 10 years from the time encroachment was done to register it, otherwise they will lose it.
Deal Addict
Jan 25, 2007
2905 posts
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Paris
serbianbelle wrote:
Jul 17th, 2017 3:05 pm
It is not a lot. However, it might become a problem in the future for the person who buys your house. If change does not show on the survey, the purchaser of either house will assume property line is where the fence is. If this change is not recorded in 10 years on the land registry document it becomes permanent. The owner has 10 years from the time encroachment was done to register it, otherwise they will lose it.
No squatters rights in Ontario.
Gbill2004: Thanks but I'll just smell the couch before/if I buy it.

jonnyb: I go in there like PICASSO and toss the glue everywhere, I don't care what house I'm on.
Deal Addict
Jan 5, 2003
3395 posts
2598 upvotes
Toronto
You're assuming the chain link was even in the correct spot. Won't know unless you check a survey.
Deal Addict
Oct 3, 2011
1064 posts
178 upvotes
OTTAWA
Jerico wrote:
Jul 17th, 2017 3:53 pm
No squatters rights in Ontario.
Jerico: Kindly please elaborate about "No squatters rights in Ontario". Do you mean OP will not lose that 1/2 inch? Do you have any link for me to read? Thanks. I set back about 1 feet when I built my fence.

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