Neighbor Drama, Fence installed over property line.

[Dewain J.]

So I'll try to keep this as brief as possible. It’s a long story. Extra credit to anyone who finishes…

We purchased a house to live in, and it was a fixer upper. During the construction phase some materials were placed on the fence in the backyard, (which was on our property). The fence was in poor condition, and succumbed to the weight of the materials. No big deal, we didn't want the fence anymore. Turns out the fence belonged to our neighbor.

Apparently, the previous owner of the property accidentally built the fence over to far and onto the property of the previous owner of our house. They worked it out and no big deal was made of it. The current of the owner of that property just knew it was his fence and didn't know of that arrangement.

Whatever the case, we compensated him for the fence. We also discussed what to do about a new fence and potentially partnering on it. We had some early talks about it, but nothing formal, nothing in writing, (which you would certainly expect from a lawyer like our neighbor).

Next thing you know he’s already having the fence built on our property, without any permits being pulled. He even damaged brickwork while doing it. We didn’t pay him anything towards the fence because of the damage and the fact that we didn’t approve it being done, and were planning to tell him to just move it onto his property to avoid any confusion.

Fast forward, the sewage line in the yard, which is under the fence he installed on our property needs to be replaced. Waste has been backing up into both our yards. Now the fence will be compromised in order to complete the work. We have informed him that he needs to move his fence to his side and he has a problem with it and it’s turned into a big deal. Are we unreasonable for expecting him to move his unpermitted/unapproved fence to his side? It shouldn’t be on our property anyway.

[Davido Davido]

@Dewain J.  fortunately for you Pennsylvania requires 21 years to adversely possess real estate (one of the longer periods in the country),

http://legalbeagle.com/6581465-pennsylvania-squatters-rights.html

though the Pennsylvania Bar Association wants to reduce the time required to adversely possess.

http://www.philadelphiabar.org/page/BoardResolution1138206252004?appNum=5

My own response would be to verify and prove the key fact -the location your property line first (before getting a lawyer).  I would also verify in person with your local permitting agency whether a fence building permit was required and what actions the agency is able to take as well as what they are likely to do if a complaint is filed.

If you are certain on where the property line is, take your information as politely but as directly and unequivocally as possible back to your neighbor along with a specific demand, a deadline, and a clear statement of what you intend to do if you and your neighbor can not come to an agreement.   For example, tell your neighbor what you understand the situation to be (Our mutual property line is between these two points and your fence is x' on our side of the line), what you are asking the neighbor to do (I'd like you to join me this weekend in moving the fence back to your property.  Offer to provide the beer and brats.), when it must be done (This must be resolved by Wednesday), and what you will do if an agreement can not be reached.  (I will proceed to file a code violation complaint regarding your fence with Code Enforcement, my Attorney (give him your Attorney's business card) will commence a trespassing civil suit against you seeking $XX,000 in damages and fees), and I will personally call the police and file a criminal trespassing complaint against you with XX law enforcement agency.  I prefer to work with you cordially.  However, your fence is on my property, here is the proof.  Let me help you move it back to your own property line.

It is not known whether it will be necessary for you to defend against a claim of adverse possession.  If you must here are some facts to consider as suggested in the legalbeagle.com link above.

Remedies

The original owner of the land has a few options to cure an adverse possession and evict the claimant, but these actions must be taken before the 21-year deadline.

• Proof: The true owner first must prove that some or all of the adverse possession criteria have not been met. For example, the owner might show that the claimant hasn’t possessed the property for the full 21 years or hasn’t possessed it continuously.
• Permission: The property owner might also consider giving the claimant permission to use the property and to get him to document this by signing an agreement. This establishes the claimant's knowledge of the true owner of the property and eliminates the “hostility” of the possession, knocking out two of the necessary qualifications.
• Lawsuit: The third option is to take legal action, such as filing a trespassing lawsuit or an injunction that bans anyone from using the property. This establishes legal ownership of the property and provides a way to start the eviction process. Plaintiffs can also request a jury trial to decide ownership.

Good luck.  Let us know how this situation works out for you.