vhawk12 Posted June 30, 2011 Share Posted June 30, 2011 Hey guys, I know I'm not on here often, but I've been a member for quite a while and I could use some help. So I want to build my fence at the back and my neighbor is having nothing to do with it, we even ended up in a shouting match last weekend. So I am going to build the fence on my dime, and was advised to move the fence in a bit to be entirely on my property. That would be great, but I have a Swale at the back of my property and the fence cannot be within 0.30m of the cement. As far as I can tell from my Real Property report, the property line sits 0.30m away from the Swale. When we built the house, I was told we had to have the Swale in our property (fence line on far side of Swale) and all other neighbors fence lines are across the Swale in line with this. So one option is to move the fence line over the Swale toward the house, this means I would technically have property on the other side of my fence, and it would look horrendous for the neighborhood as a whole. Option 2 is to build the fence on the property line without encroaching on the city easment, and technically would be on the property line. I was told by a lady at the city that if I have contacted him regarding the fence and he has refused to pay his part, then he forfeits his right to the shared property line (although his property still ends there) and the fence structure becomes my property entirely (ie. he can't touch it) because he was given the option to pay for half and he declined. I was talking to this lady about the Swale easment, and 'option 2' was provided from her personal experience. So, I am looking for confirmation (or at least to be set straight) by someone with a legal background (read: lawyer or bylaw expert) on option 2. I know that no matter what I do, I'll probably get threatened with going to court, so I just want to back up my actions before I go ahead with anything. Anyone that can help is greatly appreciated. Thanks. Quote Link to comment Share on other sites More sharing options...
fishinglibin Posted June 30, 2011 Share Posted June 30, 2011 Hey guys, I know I'm not on here often, but I've been a member for quite a while and I could use some help. So I want to build my fence at the back and my neighbor is having nothing to do with it, we even ended up in a shouting match last weekend. So I am going to build the fence on my dime, and was advised to move the fence in a bit to be entirely on my property. That would be great, but I have a Swale at the back of my property and the fence cannot be within 0.30m of the cement. As far as I can tell from my Real Property report, the property line sits 0.30m away from the Swale. When we built the house, I was told we had to have the Swale in our property (fence line on far side of Swale) and all other neighbors fence lines are across the Swale in line with this. So one option is to move the fence line over the Swale toward the house, this means I would technically have property on the other side of my fence, and it would look horrendous for the neighborhood as a whole. Option 2 is to build the fence on the property line without encroaching on the city easment, and technically would be on the property line. I was told by a lady at the city that if I have contacted him regarding the fence and he has refused to pay his part, then he forfeits his right to the shared property line (although his property still ends there) and the fence structure becomes my property entirely (ie. he can't touch it) because he was given the option to pay for half and he declined. I was talking to this lady about the Swale easment, and 'option 2' was provided from her personal experience. So, I am looking for confirmation (or at least to be set straight) by someone with a legal background (read: lawyer or bylaw expert) on option 2. I know that no matter what I do, I'll probably get threatened with going to court, so I just want to back up my actions before I go ahead with anything. Anyone that can help is greatly appreciated. Thanks. I can not help legally, but if I may suggest, I would electrify the fence on that neighbors side. Have a good weekend. Quote Link to comment Share on other sites More sharing options...
cheeler Posted June 30, 2011 Share Posted June 30, 2011 How about an fluorescent pink paint job on the other side? Glow in the dark? Might be able to get some cash back then. There might be a surveying company in town that has experience in this. Quote Link to comment Share on other sites More sharing options...
vhawk12 Posted June 30, 2011 Author Share Posted June 30, 2011 How about an fluorescent pink paint job on the other side? Glow in the dark? Might be able to get some cash back then. There might be a surveying company in town that has experience in this. That's what the lady from the city said too...I did contact a surveying company, the guy is going to get back to me monday...just wanted a legal standpoint. Quote Link to comment Share on other sites More sharing options...
bigbowtrout Posted June 30, 2011 Share Posted June 30, 2011 Why doesn't he want a fence? I would apply for the swale easment and if you get it you'll be golden. Is there a way you can get him to sign saying he won't pay? I hate crappy neighbor's!!!!!!!! Make sure that when you working on the side that faces his house that you show a lot of crack his way. Quote Link to comment Share on other sites More sharing options...
vhawk12 Posted June 30, 2011 Author Share Posted June 30, 2011 BBT, he is flat out 100% a-hole...in my 33 years, I've met a lot of jerks and this guy takes the cake. The neighbors on the sides of him have already had problems with him. On one side they agreed to pay half, then said there was tons of stuff wrong with it and refused to pay. I may apply to encroach on the easement, just want to know what my options are legally. Thought I could paint a really nice mural on his side...use your imagination... Quote Link to comment Share on other sites More sharing options...
bigbowtrout Posted June 30, 2011 Share Posted June 30, 2011 Make sure that when you get the easement and you build your fence on your property that if he touches it or paints it you will charge him with trespassing!!!! Maybe a nice big NO TRESPASSING sign lol Quote Link to comment Share on other sites More sharing options...
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