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New neighbor removed my fence

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cbill59140

Junior Member
What is the name of your state?What is the name of your state? florida

The back yard of my home was completely enclosed by an old 4 ft wire and post fence on it when I moved in 15 years ago. That was the only fence between my property and the neighbor's on the east side at the time. Shortly after I moved in a new owner bought the house next door and erected a 5 foot chain link fence running parallel to my fence probably roughly on her property line and almost right up against my wire fence (few inches apart to allow for posts.) When she moved out and started renting the house out I had a 6 ft wood privacy fence erected inside the wire fence and parallel to it, with the finished side facing into my yard. The workman put it up right against my old wire fence without removing it due to the difficulty of removing it and not disturbing the chain link fence (plus I didn't want to pay for the extra labor.) The net result was that there were three fences between the property: my new 6 ft wood fence which was inside my property line by about 8 inches to a foot, the original wire fence on my property line and the neighbor's chain link fence. A new neighbor who purchased the house next door December 2004 has had workman doing renovations prior to moving in. The neighbor on the other side told me two days ago that the workman told her that the new owner told him to take down "the neighbor's fence" but he said he told her he wasn't going to do so. When I heard this I did not immediately look at the fences since he said he was not going to do so. However two days later, today, as the neighbor is moving in I realized her dog was peeking at me through the wood fence and both the chain link fence and my old wire fence are gone. The chain link fence was hers to remove but the wire fence was mine. I walked the alley behind both houses and see the orange survey post is there plain as day marking the property line. Anyone can see that she now has both the use of my wood fence to enclose her yard and the use of an extra 8 inches to a foot of my property. It is not like she did not know the fence was not hers if she told the workmand to "remove the neighbor's fence." She could have walked over and knocked on the door to ask about the situation. Oh, by the way, did mention that I was told by the former owner that this new owner is an attorney, with a mother who is a real estate agent and father who is a local developer? You would think between the three of them they would have acted more prudently. The old wire fence did not have much value and I agree was probably an eyesore for her to look at. I probably would not have objected to its removal. I do not want, however, her to possibly end up with rights to that strip of land which is part of my property if I remain silent. What recourse do I have? Thank you
 


Wanna have some fun with this attorney neighbor of your?

That is, if you do not mind their use of this foot or so of your lot.
 
cbill59140 said:
You would think between the three of them they would have acted more prudently.
You don't get it do you? The reason this work was done was precisely because they DO know what acts to take. Each of them. All of them. And I'd bet you twenty pine leaves that this is not the only such occaision that this has been done in all of their respective holdings.

Now, if you want a simple, fun and indestructable solution; that you can do yourself; just say the word.
 

cbill59140

Junior Member
neighbor removed fence

Florid-aise said:
Wanna have some fun with this attorney neighbor of your?

That is, if you do not mind their use of this foot or so of your lot.

What is your advice?
 
cbill59140 said:
What is your advice?
Type the word "NOTICE" on the top of a page of paper. Then, using the complete name (or names) EXACTLY as it appears on your deed; give written permission to your back yard neighbor under any terms that are important to you, and indicate that this written permission can be revoked at any time you specify; indicating they can have the use of and your express written permission to use the foot or so of your lot that you describe in this permission, directed to the name (or names) of that neighbor EXACTLY as it appears on their deed.

Indicate this permission is in no way a conveyance of the said land.

Sign it, date it, have witnesses (two of them per signature)(although this is not required) witness your deed's title holders.

Go to the courthouse, and have this NOTICE filed. The clerk will give you your original back to you. Place this original with all of your important papers. Because it IS an important paper. Then, while standing right there, have the clerk give you a certified copy of the Notice you just filed.

Fold it up, send it to your neighbor certified mail RRR and watch what happens next, you will love it.

You see, you do not need your neighbor's permission, to GIVE THEM PERMISSION.

The attorney will open the mail, see the certified record, and realize that there is nothing, absolutely nothing he can do now, nor at any time in the future to defeat your permissive use of your land. Proscription (adverse possession) will never accrue in his ownership of your foot or so of property by doing this.

He cannot file an objection, he cannot defeat it, it cannot be overcome, there is nothing he can do. (And would look like a fool if he did object).

Should you ever revoke this permission, you would also need to file in the courthouse recording office, a written revocation of your permission indicating book and page number of the permission that was originally filed.
 

digi113

Junior Member
I would like to send a NOTICE letter to my neighbour and wonderd if it would stand in Ontario,Canada
 

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