Need help dealing with neighbor& just need to vent!

[AhBee01]

It's going to be a long summer!
We built our house on this property in 1998. It was given to me by me Dad.
We have a tree line view in our back yard. My Neighbor's brother came over here the other day and said we went to zoning and we are aloud to go pin to pin and put up an electric fence
and that is what we are gonna do, so we can bring horses here.
First I love horses, I'm so happy she gets to bring them home.
The problem is if she does that the electric fence will be about 5 feet from where my 7 year old plays.
We thought the property line was behind these big oak trees and have erected a grand swing my son has swung on since he was a baby, everyone in the neighbor flocks to this swing!
We had an emergency survey done just to be sure the line was indeed where we were first told, and learned that the line runs at a slant and not straight as we perceived it to run. So now the line is in front of those trees, the swing is still on our property.
If this was me, I would out of respect for my neighbors privacy, and children' s safety I would back the fence up.
I want to be reasonable, she wants to have the pin to pin and put up farm fence then electric on the inside, but still I have to have full view of this fence Righ now she can only afford to fence in half of her property, so the fence will have a corner post smack dab in the middle of the property line, so there for half fenced if that make sence.
So we don't want to have that for a view, and therefore asked if we could put a stockade fence on the pin, just where we want privacy, and they can have the pin after the stockade and won't have to put up the farm fence , and just use the electric, and to give us some room to maintain the fence on the other side.(Sorry for the run on sentence)
She went for that, but will only give me a few inches, she insists on going as close to the pin as possible.
If she backed her fence up just behind the trees she would have a straight line and clear field to put her fence as we cleared there and planted grass to make our yard easier to mow.
We just feel like how it went down a little violated, or invaded I guess, we will miss the trees, and not being able to see them as we sit on our back deck!
We also have to move our goat barn, and chicken coop because of the way the line falls.
They say they are giving us a year to move the barns, but if we do just one thing to make them miffed they will turn ugly, we have seen them do so with other people!
We found out a month ago that their septic was running off into our creek, and asked them to fix it. It smells so bad.
We will have sewer coming soon, but won't be done for at least 6 months, and they just want to leave it as is, cuz they don't have the money to fix it, and the sewer is coming!
We can't leave our duck out anymore cuz they go in the creek.
She is bring in 2 horses and only has 2 acres total property. I think it will smell worse then the septic soon, as her first field has no grass and is mostly trees, and lots of choke cherries.
Oh and that field also contains her leach field!
So yeah, it will be a long summer! Oh she said we can keep the swing as long as we sign a paper that we won't hold them responsible if my son get's hurt or anyone that uses the swing, since the tree is on her property.

 

[illinichick]

It seems she does have the right to the fence but I think you could fight the sewer problem. JMO

 

[Camelot Farms]

The next property we buy will be 50+ acres and will build right in the middle of it so we wont have neighbor issues...

We deal with the same things here and there is no solution so have learned to grin and bear it and vent at BYC and to others. *wink*

Sorry that you are dealing with this...its no fun!

 

[rooster0209]

If the swing is on your property, then you shouldn't sign any waiver at all!

Not sure about zoning, but isnt there a minimun feet requirement from each property line where structures (including fences) can be erected?

As for the view, put up latice or something and plant a vine or flowers there to soften the view. Two six foot pieces of either lattice or decorative fence panel is not that expensive and would be attractive w/a flower garden on your side.

The septic problem needs to be delt with immediately. They are polluting water and that is illegal. They can be fined for that as well as reimburse clean up fees. If they are going to be butts about "their property line" then force them to deal with the sewage issue. I could contact Fish & Game dept about the sewage into the creek!

 

[Paganbird]

You seem pretty upset about the fence. It's too bad you couldn't come to an agreement with the neighbor.
My 7yo son was old enough to understand electric fences before he was 5 - I don't think your son is in any danger as long as you explain it to him. My son even asked to touch our fence once. We have a small fencer, on "low" setting, with an intermittant/interrupted current for our 2 horses. He touched it - got zapped a bit - and laughed, saying, "How come the horses are scared of that?"
Find out what kind of fencer the neighbor plans on using.
And about that septic problem... If they dont have the $$ to get it fixed, then they don't have the $$ to put up a new fence, right?

 

[horsejody]

Sorry for your troubles. I can see both sides of this. You got used to using the property. The property belongs to her, and she wants to fully utilize it. The fence thing is beyond your control. It's her land. She can and should use it as she sees fit. As for the leaking septic, call the county health department. It's effecting more than you and your ducks. It's contaminating a stream. In most places that's illegal. I would give up the swing too. It's just going to be a point of contention in the future. It's not worth the grief. BTW no adult can sign away a child's right to sue if they are injured. Signing a waiver stating that they can't be sued will only protect them if you are injured. I know this because I have worked extensively with a saddle club and personal injury attorneys writing waivers for trail rides. A child's right to sue can never be signed away by anybody. The waivers have to be carefully written. The child has to be specifically mentioned. The adult signing must sign that they will accept all liability, etc. The wording has to very precise to allow. Our saddle club used to make parents sign a waiver stating that:
1. they were the child's guardian
2. They would supervise the child
3. They had inspected and maintained the child's equipment
4. The child had medical insurance
5. They would accept all liability for that child and compensate any party sued by the child or the child's agents and reimburse all losses

The last part was very important because it allowed us to sue the parent if we were sued on behalf of the child. Also, it's not normally the parent that sues. It's the health insurance company.

But back to the real topic. I'ts too bad that the goat barn and the chicken coop were built on the wrong side of the line. It's very important to know where your property begins and ends before building anything. Most places have land requirements for large livestock. In your neighbor's defence, she might really need that fence to be right on the line. I sympathize with both sides. You will lose what you thought with yours, or she will lose what really is hers.

I would put up a stink (no pun intended) about the septic, but back away on the property line thing.

 

[Wifezilla]

I am sorry you are going to be inconvenienced, but by not having the property properly surveyed before building, you set yourself up for this.

The sewer issue is a legitimate concern, but since you have buildings on her property, you may just have to suffer for 6 months until the sewer gets installed.

The other option is to move your barn and coop NOW, put up a different play area, then sue her for the sewage problem she is causing.

As for trees...well...plant your own.

 

[greyhorsewoman]

Too bad. If they were smarter, they'd WANT to fence the trees out of the horses reach, because they WILL chew on the bark and may eventually kill them. Our horses are always stripping our trees in the spring and we have a bunch that need to be taken down now. We have a lot more land (and more horses).

Also, is the land level? Otherwise, watch for 'runoff' ... once horses trample down the grass into a mud pit in certain areas, heavy rains can cause rutting (could cause more contamination to your creek, depending on how everything is laid out).

Also, horses are considered an 'attractive nuisance' and they will never be without liability if a young child is hurt from entering the pasture.

 

[gypsy2621]

Seems to me if they can afford 2 horses and fencing they could afford to fix the septic first.
JMO
there are set backss even for fencing, please check your zoning laws for set back footage.

 

[Equus5O]

Quote:
That's exactly what we did!

We've had to deal with poachers, and the kid from down the road using some of our land as his ATV track. It really sucks when it's your neighbor and alleged friend that poaches, that's for sure. But, hopefully, that's been dealt with, as has the ATV'ing.