Fences dont always make good neighbors... Pics at 11

[Camelot Farms]

I am being fenced in!! And I dont like it.

Here is the set up. We are the last house in the holler but there is lots more property (woodsy, grassy, pasture, swampy property) behind us and all around us. We own 2 acres with a 1/4 acre pond.

The neighbor in front of us has an easement through our property to this other property. So in other words, we own a chunk right smack in the middle of her 20 acres.
*I know... what was I thinking when I bought this?*

Anyhow, just before we bought the house, she put a privacy fence up between our front lawn and her back lawn. I actually thought it was MY fence cause she put the ugly side on my side.

Well, today she had a fencing company measuring all around our property. So effectively, she is fencing us in. I am truly afraid to see what kind of fencing that she is having installed.

The real kicker is that for some reason when they chunked out this lot to sell, they put the property line right through the pond...

So, of the 250 feet of shore line, she owns about 24 feet. She will be putting the fence right smack through it in order to fence off her portion.

Wait...it gets better.... when they want to fish in their part of the pond, (all 144 sq ft of it) they have to walk through my lawn to get to it. Do you have any idea how disconcerting it is to go out your back door and see 10 or 15 people walking across your yard to get to their little fishing spot? Not to mention that I have 2 very big dogs that I do not tie up that roam MY property. 2 years ago one of the dogs nearly pushed one of her 2 yr old grandchildren into the pond with her tail. Lets not forget the free ranging roosters who tend to be friendly...most of the time.

This is soooo not a good situation.

Not to mention that the fish in the pond....are MY fish. We bought them. We put them in there.

For a brief moment, I considered taking a copy of my plat to the fencer to make sure that my property was not encroached upon but then in an evil moment, thought 'eh. let them get a surveyor if they cant figure it out and if they screw up...they can re install the fence.

I really want to live on a mountain with no neighbors for a hundred miles... really. I do.

 

[chickensducks&agoose]

Make sure that she puts the fence all the way to the bottom of the pond, and that YOUR fish can't get into HER part. sorry. that stinks!

 

[redhen]

That really does stink!
I dont think that i would be letting them walk in my yard though.. no way... its a liability on you. Espically with your dogs and such...
I'm having a hard time pictuing how shes even going to be able to fence that in..it sounds confusing...
Why is she doing it anyways?

 

[HenPen]

That just sounds crazy....why are they fencing it? Are you able to talk to them??

 

[Katy]

If the neighbor has an easement thru her property there's nothing she can do to stop them from crossing her yard.

 

[wegotchickens]

As soon as the fence went up I'd put signs up saying "No Trespassing" and make it clear that she has fenced herself out of a fishing spot for sure.

Sorry you're having to deal with this

 

[Camelot Farms]

Quote:
I think there might be... I am determined that this just can not be right.

I have a call in to our attorney. The easement runs North to South and is 50 ft from center of the access rd which doubles as my driveway.

The property that she is fencing off is 150 ft to the west of the access rd.

So, her right of way ends a tad short of the way that her family has always accessed their fishing hole. I think that she has to go all the way down the access rd to where her property starts and then go through her own property to the pond.

I dont see why owning property that abuts mine should give them access to my whole 2 acres.

Imagine a big horse shoe and my property is in the center of the shoe and hers is all around the outside. Straight up the middle of the shoe is the access rd/driveway. So, she has a 50 ft right of way from that middle. That should mean that the land on the wide ends of the shoe is untouchable because its well beyond her easement rights.

Am I onto something?

 

[redhen]

Quote:
I think there might be... I am determined that this just can not be right.

I have a call in to our attorney. The easement runs North to South and is 50 ft from center of the access rd which doubles as my driveway.

The property that she is fencing off is 150 ft to the west of the access rd.

So, her right of way ends a tad short of the way that her family has always accessed their fishing hole. I think that she has to go all the way down the access rd to where her property starts and then go through her own property to the pond.

I dont see why owning property that abuts mine should give them access to my whole 2 acres.

Imagine a big horse shoe and my property is in the center of the shoe and hers is all around the outside. Straight up the middle of the shoe is the access rd/driveway. So, she has a 50 ft right of way from that middle. That should mean that the land on the wide ends of the shoe is untouchable because its well beyond her easement rights.

Am I onto something?

Yup.. Makes sense to me...
i can almost guarantee that shes taking advantage of your property. I would not allow it anymore...
Its pretty bad if you can even let your dogs run in YOUR yard because of people trespassing through...
I would not allow it..

 

[slackwater]

Based on what you describe, it does sound like her easement is limited to the driveway & immediate surrounding area. MIght have to get a legal notice to contest that, but...definitely worth contesting!

 

[twentynine]

Her property, her fence, her easement.

Lots of times we here give advice that says basicly, if it's legal do what you want.

Unfortunately, you are caught on the other side of that right now. No law to keep her from fencing her property. No law that keeps her from using the easement. My advice, make friends with it, cause if you don't, you won't be happy about it.

I do have a question about the easement. Does your property actually divide her property? And the only way to get to her rear property is across your yard? Gee! Let me see if I can ask better.

Okay you said you were totally surrounded on ALL FOUR SIDES, by her property. Why does she have an easement across your property, if she can skirt the edge of your property on any side, and still be on her property, to access the rear portion of her holdings?

Unless you have some sort of city, town law concerning fences I think the fence issue is over and done with.

If when you bought your property, you signed the papers, and the papers had a claus about easement, I think your sunk. You bought, you signed, you agreed to the deal, going in.

Got the same deal here. I own 14 acres bordered on two sides by a very large land owner. several years ago he clear cut right up to the fence line. Man did that ruin my view, talk about noise, talk about ugly. But I didn't own the scenery, had to get over it. Now ten years later the cut over is ten times thicker then the mature hardwoods ever was, so in the long run it worked out.