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Legal help, adverse possession laws.


Mayor Qumiby

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The thing about adverse possession is that it has to be understood that you 'own' or take care of that land. Not only be you but every property neighbor around you. It's incredibly difficult to prove and considering modern surveying it's nearly unheard of in properties that are in neighborhoods. Simple answer, put the fence where you want it and maintain the area behind it. Mark your property irons and all's fine.

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I assume you're talking about a wood privacy fence? Why don't you just push the fence back to the property line and make that one section 8ft? The rest can still be 6ft. If the contractor giving the estimate says you can't do that he's a dirty liar & I'd look for someone else to do it.

It may not be that easy. City regs may be involved. I've had to deal with this myself due to fire code depending on where you live. I'm on the west coast so it may be different here. Also, if you're in a neighborhood with CCRS, they have governing rules that may apply. The only reason aside from this a contractor would change price is material cost. Adding two extra board feet per slat can add up in a big hurry. Also, building codes might change due to height, not 100 sure about that though. I know this applies to retaining walls, so it's probably best to ask him what the cost increase is for and then verify with other fence companies to make sure it's not BS.

Arbs are awesome as a divider. If your neighbor ends up being somewhat nosey or has dogs/cats that like to wander through into your yard, I would put something like barberries there. They can get to be 10 feet tall if you give them room to grow, but they do drop their leaves in winter, or at least here they do. Those thorns are damn evil though and one trip in will keep pretty much keep anyone in their right mind from doing it again.

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1. If it's an established neighborhood the possession thing goes out the window. The GIS and PLAT both show the lot dimension and boundaries. It's part of the deed when you bought the house.

2. Check your deed to ensure there are no covenants or restrictions on the 8' fence across the back only.

3. The 8' fence usually requires 4 rails for the fence boards, whereas the 6' only requires 3.

4. Most fence installers will not put a fence "right on" the property line, they usually set it back anywhere from 1-2 feet because any part of the post hole or concrete that goes in that hole which crosses the property line is reason enough for any neighbor to file suit.

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