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Started By
Message
OT Lawyers - Property line dispute
Posted on 6/30/14 at 5:04 pm
Posted on 6/30/14 at 5:04 pm
My wife and I have lived in our townhouse for 3 years now. There is a "shared fence" between units. We built a deck attached to that shared fence. Well recently, our crazy 90 year old neighbor decided to have this massive add on to the fence to protect her privacy. Well the thing is hideous, so I reported to the HOA and they told her she needed to take it down.
Long story short, they are now making all sorts of claims about how my deck is illegal. The only one of these that holds water is that the fence that is shared resides on her property by about 1 foot.
I have looked into Alabama laws, and adverse possession takes affect after 10 years year. The fence was built with the neighborhood making it at least 10 years old.
What are my options?
Long story short, they are now making all sorts of claims about how my deck is illegal. The only one of these that holds water is that the fence that is shared resides on her property by about 1 foot.
I have looked into Alabama laws, and adverse possession takes affect after 10 years year. The fence was built with the neighborhood making it at least 10 years old.
What are my options?
30
Posted on 6/30/14 at 5:06 pm to BoogaBear
Quit being a dick and let her have her fence
Posted on 6/30/14 at 5:06 pm to BoogaBear
(no message)
This post was edited on 6/30/14 at 5:07 pm
Posted on 6/30/14 at 5:08 pm to BoogaBear
Maybe if you weren't peeping on a 90 year old the private monument wouldn't have been erected.
Posted on 6/30/14 at 5:09 pm to BoogaBear
quote:
here is a "shared fence" between units. We built a deck attached to that shared fence.
Why?
Seems to me like you need to get a circular saw and cut one foot off the length of your deck.
Posted on 6/30/14 at 5:09 pm to BoogaBear
Seduce her.
Posted on 6/30/14 at 5:10 pm to BoogaBear
it seems the issue isn't with possession but with your HOA. Check the HOA agreement. If what you did violates it, you're in the wrong. If not, tell them to f&%k off.
Posted on 6/30/14 at 5:10 pm to BoogaBear
Piss on the fence. It become yours. Bama law. Trust me.
Posted on 6/30/14 at 5:13 pm to BoogaBear
Is it that big of a deal? She's 90. Let her have the fence and start leaving packs of ciggs in her mail box along with fake articles about how smoking is now good for you. Problem solved in about 5-10 years. YOU'RE WELCOME.
Posted on 6/30/14 at 5:16 pm to kingbob
Well thanks for the dick head responses and all.
The deck is attached to two 4x4 posts on my side of the yard. It is in the corner of the yard along a screened in porch and the fence. The HOA has approved my deck and not her fence addition.
The yard slopes downward to a creek and the fence does with it. When I stand in front at the end of my deck I can see over the fence. I couldn't care less Wtf she does in her yard.
The deck is attached to two 4x4 posts on my side of the yard. It is in the corner of the yard along a screened in porch and the fence. The HOA has approved my deck and not her fence addition.
The yard slopes downward to a creek and the fence does with it. When I stand in front at the end of my deck I can see over the fence. I couldn't care less Wtf she does in her yard.
Posted on 6/30/14 at 5:17 pm to lsuwontonwrap
Pic evidence of her addition coming.
Pic
Pic
This post was edited on 6/30/14 at 5:24 pm
Posted on 6/30/14 at 5:20 pm to BoogaBear
How long has the 90 y/o lived there?
Posted on 6/30/14 at 5:21 pm to BoogaBear
quote:
The only one of these that holds water is that the fence that is shared resides on her property by about 1 foot.
So the fence is actually one foot over on her property? So about 1' width of your deck in on their property?
Posted on 6/30/14 at 5:24 pm to BoogaBear
quote:
it seems the issue isn't with possession but with your HOA. Check the HOA agreement. If what you did violates it, you're in the wrong. If not, tell them to f&%k off.
This. Look at your HOA rules and bylaws. If you are wrong wait till they make you do something. If you are right, draft a demand letter to your HOA to get them to act.
This post was edited on 6/30/14 at 5:31 pm
Posted on 6/30/14 at 5:25 pm to Cdawg
quote:
How long has the 90 y/o lived there?
Since 2004
quote:
So the fence is actually one foot over on her property? So about 1' width of your deck in on their property?
Pretty much, the way it works out 1 side of my deck is 2-3 inches over, and the back corner is not over due to the angle.
Posted on 6/30/14 at 5:28 pm to BoogaBear
Which is older...the neighbor, or that grill?
Posted on 6/30/14 at 5:28 pm to BoogaBear
I think adverse possession is more complicated than you think, and in this case I don't think it applies, but I'm no lawyer.
Posted on 6/30/14 at 5:31 pm to brgfather129
quote:
Which is older...the neighbor, or that grill?
The neighbor but it's close, that grill has some miles on it and it's a cheapo from Academy.
quote:
I think adverse possession is more complicated than you think, and in this case I don't think it applies, but I'm no lawyer.
I agree, I'm not sure it applies but there are several different laws surrounding property lines that I frankly just don't understand.
Fact of the matter is, the HOA came out and approved the location and construction of my deck without any questions. They have told her the addition needs to come down twice now and today I came home and noticed she had a land survey done.
She has even tried to say that she had the fence constructed and when I asked for proof she could not provide any. The fence is the exact same as the rest of the neighborhood, and was built with the homes.
I really don't feel like cutting 2 inches off of a deck that is 3 years old.
This post was edited on 6/30/14 at 5:35 pm
Posted on 6/30/14 at 5:31 pm to BoogaBear
Dp
This post was edited on 6/30/14 at 5:32 pm
Posted on 6/30/14 at 5:32 pm to BoogaBear
You're concerned about looking at 2 feet of new fencing above your fence on that deck? Get some nice colorful hanging plants for your fence and clean up your deck. Add some pot plants.
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