neighbor issue - do I need a fence?

[nfence]

What is the name of your state (only U.S. law)? Ohio

My house was built 6-8 months before my neighbors to the east - property line is north-south with this neighbor.
Houses face south.
When neighbor built - he decided to build his garage next to mine - both attached garages face south.
Last year, neighbors wife tells me they would be extending their driveway over toward mine (toward the west) - asked me if I knew where property line was. Told her to get a survey. She told me builder would be here next week. Advised her, she may want to expand in other direction(east) - she replied it would not work for her.
Discussed with city building departmnent, there is no law against it, and they don't need a survey - I do not believe they got one.
The property line is pretty clear - there is a pin on the north side from the original home builder.
Neighbor proceeded to extend the drive to the west, toward my property, closest point is about 6 inches from my property line.

The problem now is when they pull into drive - vehicle facing north - people exit car on driver side, near or over the property line. When they have company visits - kids are over on my property and driveway.

Do I need a fence to stop the trespass? What other problems would a fence cause?
If I do a fence, does it have to be 6 inches from property line? Driveways are very close now.

Should I call the city building department, explain the situation and ask them to have the neighbors put in a fence - as the neighbors/building department created the problem when they extended the drive?

 

[ShyCat]

Seriously? Seems rather petty to me and the start of a miserable, contentious relationship with your neighbors.

How do you expect to build and maintain a spite fence without ever stepping over the property line? Why is it okay for you to do so but not them? Is this really how you want to live your life?

 

[FarmerJ]

First thing to do is learn what if any set back rules apply in your city for fences then decide what to do other than be hopeful for such heavy snow this winter that your able to make a giant snow mound every time you shovel on your side of the lot line

 

[nfence]

Seriously? Seems rather petty to me and the start of a miserable, contentious relationship with your neighbors.

How do you expect to build and maintain a spite fence without ever stepping over the property line? Why is it okay for you to do so but not them? Is this really how you want to live your life?

really? so your advice is to let them use my property and my driveway?
It's ok with me for my neighbor to put a fence up or extend their drive, no problem - but not constant trespass. How is that right or fair?
Did you considering my point of view?
The neighbor did not consider me when they extended the drive without survey and ignored my suggestion to go the other direction away from my drive.
It wasn't even a two-way conversation - i was simple informed how it would be.
Even pointed to another neighbor on the street who did just that - extended their driveway away from the neighbor - her response was a grunt and "it won't work for me".
Seems to me they want a contentious relationship.

 

[nfence]

First thing to do is learn what if any set back rules apply in your city for fences then decide what to do other than be hopeful for such heavy snow this winter that your able to make a giant snow mound every time you shovel on your side of the lot line

Have looked over the fence rules - mostly talk about height and type of fence. Fence posts have to be on my property etc. no problem - don't see any set back rules.
If I decide to do this - i'll have the contractor make the calls and follow their advice.
It's snowing and will make use of it.

 

[LdiJ]

really? so your advice is to let them use my property and my driveway?
It's ok with me for my neighbor to put a fence up or extend their drive, no problem - but not constant trespass. How is that right or fair?
Did you considering my point of view?
The neighbor did not consider me when they extended the drive without survey and ignored my suggestion to go the other direction away from my drive.
It wasn't even a two-way conversation - i was simple informed how it would be.
Even pointed to another neighbor on the street who did just that - extended their driveway away from the neighbor - her response was a grunt and "it won't work for me".
Seems to me they want a contentious relationship.

Can you articulate how you are actually damaged by people occasionally getting out of cars and stepping on the edge of your property? If you are not actually damaged by this, then it can be viewed as petty.

 

[Zigner]

really? so your advice is to let them use my property and my driveway?
It's ok with me for my neighbor to put a fence up or extend their drive, no problem - but not constant trespass. How is that right or fair?
Did you considering my point of view?
The neighbor did not consider me when they extended the drive without survey and ignored my suggestion to go the other direction away from my drive.
It wasn't even a two-way conversation - i was simple informed how it would be.
Even pointed to another neighbor on the street who did just that - extended their driveway away from the neighbor - her response was a grunt and "it won't work for me".
Seems to me they want a contentious relationship.

Why did (and do) you feel that you had any right to tell them how to use THEIR property?

I agree that you seem to be fostering a very contentious and unneighborly relationship.

 

[nfence]

Can you articulate how you are actually damaged by people occasionally getting out of cars and stepping on the edge of your property? If you are not actually damaged by this, then it can be viewed as petty.

It's not "stepping on the edge of property" it's getting out onto my property - trespass - and kids getting out and running on my property and drive. What if they slip and fall?

Another example - if I park my car (or have company) on my drive and they slam their car door into my car denting it - that is property damage.
They've already told me not to park or let people park on my drive. How is that right or fair?
I feel damaged when someone tells me I cannot park on my drive because they're afraid they'll hit my car because they moved their drive close to mine.

 

[nfence]

Why did (and do) you feel that you had any right to tell them how to use THEIR property?

I agree that you seem to be fostering a very contentious and unneighborly relationship.

It was a suggestion to avoid constant trespass.

How is allowing them to make use of my property fostering a neighborly relationship?
There are laws that if I do that, I give up my property to them, no?

"Adverse possession is a legal doctrine that allows a trespasser – possibly a stranger but more likely a neighbor – to gain legal title over land that is or was owned by another. ... In other words, it is the trespasser's job to prove to an Ohio judge that he or she merits ownership of the land in question."

I do not wish to give up my property to them.

 

[Zigner]

It was a suggestion to avoid constant trespass.

How is allowing them to make use of my property fostering a neighborly relationship?

Really?

There are laws that if I do that, I give up my property to them, no?

"Adverse possession is a legal doctrine that allows a trespasser – possibly a stranger but more likely a neighbor – to gain legal title over land that is or was owned by another. ... In other words, it is the trespasser's job to prove to an Ohio judge that he or she merits ownership of the land in question."

I do not wish to give up my property to them.

They won't gain title to your property under adverse possession...particularly if you give them a note saying that you give them permission to use a portion of your property for ingress and egress from their vehicles and that the permission is revocable at any time. Discuss it with an attorney for the exact wording in order to accomplish what you wish.

 

[Zigner]

It's not "stepping on the edge of property" it's getting out onto my property - trespass - and kids getting out and running on my property and drive. What if they slip and fall?

Another example - if I park my car (or have company) on my drive and they slam their car door into my car denting it - that is property damage.
They've already told me not to park or let people park on my drive. How is that right or fair?
I feel damaged when someone tells me I cannot park on my drive because they're afraid they'll hit my car because they moved their drive close to mine.

If they damage your car, then they are responsible for the damage. That has NOTHING to do with the property line.

 

[nfence]

Why did (and do) you feel that you had any right to tell them how to use THEIR property?

I agree that you seem to be fostering a very contentious and unneighborly relationship.

How do they have a right to tell me, that I cannot park a vehicle on my driveway because they're afraid of hitting it?
She told be this before I suggested they expand the drive in the other direction.
How is that not fostering a very contentious and unneighborly relationship with me?

Yes, it's very uncomfortable living here after being asked(told) not park on one's driveway.
How would you feel if your neighbor told you this? Don't park your car here - pointing to your drive - cause we may hit it.

 

[nfence]

If they damage your car, then they are responsible for the damage. That has NOTHING to do with the property line.

Ok, do they have a right to tell me not to park on my drive - so they won't hit my or a friend's car?

 

[LdiJ]

How do they have a right to tell me, that I cannot park a vehicle on my driveway because they're afraid of hitting it?
She told be this before I suggested they expand the drive in the other direction.
How is that not fostering a very contentious and unneighborly relationship with me?

Yes, it's very uncomfortable living here after being asked(told) not park on one's driveway.
How would you feel if your neighbor told you this? Don't park your car here - pointing to your drive - cause we may hit it.

They do not have the right to tell you that you cannot park on your own driveway. In fact, they are being ridiculous if they even ask you not to park on your own driveway.

You should park wherever you want on your own driveway, and if they damage your car then you call the police for an accident report and turn it in to their insurance company.

However, if you consider it uncomfortable to live there simply because your neighbor is a doofus, then that is all on you.

 

[nfence]

Really?
They won't gain title to your property under adverse possession...particularly if you give them a note saying that you give them permission to use a portion of your property for ingress and egress from their vehicles and that the permission is revocable at any time. Discuss it with an attorney for the exact wording in order to accomplish what you wish.

Am not interested in giving them ingress to a portion of my property, to quote the neighbor - "that won't work for me".
To me being a nice neighbor is not putting a neighbor in this situation with unnecessary trespass. How is that asking to much?

They decided they needed to come over, they decided my car was on my drive could get hit - so they had to tell me not to park my car on my drive to save them the inconvenience of hitting it. Really?