Q & A Table of Contents
He's Taken Some Of My Land, And Doesn't Want Me To Improve What's Left
From: Rick, Port Moody, Canada
Question: I have the honour of living next to a man who is, well difficult.
First problem, we moved into our home 4 years ago, I've decided to replace the back side fence, but after checking my property line, I find the existing fence is in a foot on my property. The neighbour's driveway is also a foot into my property. He also has a shed over a 100 sq. ft. within a foot of the existing fence. What I should say to this guy?
Next problem, I removed a 2ft. high cinder block retaining wall that was ready to fall over. This wall runs South to North same as the fence for 50ft. along his driveway to the road tapering to ground level. My neighbour's driveway is basically flat. We decided to excavate our soil even with his driveway, our land is still landscaped to send rainwater towards the road. Our neighbour, sees this change as a threat to his driveway, even though it now looks the same as the other side of his driveway. His driveway already has cracks in it.
I want to improve my property but the fence is the next project, and I want my foot of property back. Is there a way, even if the neighbour won't recognize this? I have the original surveyer's certificate showing property lines with distances in regards to house foundation. I've talked to other people in the neighbourhood and they say this guy is difficult. It would be nice to share the cost of the fence but I doubt he would go for that. I would appreciate any advice.
Response: The first thing you should do is research your legal rights. The neighbour may now own the land that he's 'grabbed' (very possibly by mistake) under the section of property law called 'adverse possession'. You need to check with a lawyer to learn your legal rights regarding that portion of your land occupied by your neighbour. The fence and/or shed may have been erected enough years ago for the neighbour to have permanent rights to the property they occupy.
If you still have the legal right to your land, you should inform your neighbour with a polite letter accompanied by a copy of the letter you receive from the lawyer. If you do not still own the 'occupied' land, you can probably replace any portions of the fence that are on your remaining property -- but unless the neighbour has a demonstrable interest in a new fence, I find it difficult to imagine he will see any reason to help with the costs.
Depending on the cost of the fence and the emotional value of the land to you, perhaps you might consider offering your neighbour continuing rights to the 'occupied' land in exchange for sharing the cost of replacing the fence; that would be a situation of trading something you value for something he values -- the classic elements of negotiation.
Until you know your legal rights, you are stuck with the existing situation. Once you learn your rights, you'll have a better understanding of your Best Alternative To a Negotiated Agreement (BATNA) and thus a better sense of the strategy you should adopt to resolve the situation.
Good luck,
Steve
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