Q & A Table of Contents
He And His Fence Are Invading My Life And Property
From: Rebecca, Logan, Utah
Question: I am a single woman. I bought my first home last spring. It has a large backyard, completely fenced by a 3 ft (?) chain-link fence. One of my neighbors has cameras and floodlights on his house which face my yard. Last summer, I noted that every time I went outside, he too, would be outside in a matter of minutes. I found this extremely un-nerving, but I have always been pleasant with him when he tries to engage in conversation. To be honest, he makes me feel uncomfortable.
This man also has a history of trespassing onto other's properties. Once, he was even caught going through the tools in my other neighbors workshop. He seemed to find nothing wrong with this conduct. He has made it clear that he "loves trees, but hates fences". The neighbor whose shop he trespassed into, put up a 6ft. wood fence. He now peeps over it, and hits it with his hose in an effort to soak the people on the other side. It seems obvious that this behavior is childlike. I suppose my question for you it this..
I want to put up a 6 ft. wood fence that gives me some privacy from this guy. The problem is, his chain-link fence is technically about a foot onto my property and is also bending in on one section. (He has an enormous wood pile on the other side that is pushing the post and chain link in).
The city has a policy that if there is a fence between two properties, and nobody disputes it's construction for 3 months, then, that moves their official property line to the new point. This seems unfair to me. My second concern is that I cannot put up my fence until the sagging fence is pushed back. Apparently, it would be illegal to move it back myself. I don't know what to do. All I really want is privacy. The police have told me to ignore him. It's hard to ignore floodlights, staring, and having him talk to me all the time. The officer said if I don't want to feel like I am in jail, then I shouldn't put up a fence. But-he is driving me crazy!! Please help.
Response: Your neighbor’s behavior sounds decidedly strange and you have every reason to be concerned about your privacy as well as his fence’s invasion of your property. If you built the six-foot fence, it would probably make sense to make certain it is adequately strong to withstand your neighbor’s woodpile and anything else he might place on his side of the property line that could cause your fence to buckle.
If you are comfortable talking with this neighbor, you should prepare your points before any conversation. Think about what you want him to do, what you do not want him to do, and how you and he can be certain that you understand one another clearly.
If conversation with him troubles you, then you have to think of how to make your points unambiguously. For example, if he ‘loves trees and hates fences’ it could make sense to plant something like arbor vitae — evergreens that grow fast and high and provide a very effective level of privacy in fairly quickly. Planting trees can enhance your property, block invasive activities (such as lights), and possibly cost significantly less than building a fence. Before you take that step, you should learn about local laws relating to folks cutting down branches from neighbors’ trees and other issues that may be relevant.
A more aggressive approach could be to mount mirrors atop your new fence that reflect your neighbor’s lights back at him. That could have an interesting impact. . .
Do your homework to learn what legal issues you face, what creative choices are available, and whether your neighbors or local officials have any insights that can be helpful.
Good luck with this overgrown juvenile. . .
Steve
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