Good Fences = Good Neighbors?

  1. You have chosen to ignore posts from samanthastevens. Show samanthastevens's posts

    Re: Good Fences = Good Neighbors?

    Says Pingo the queen and owner of all things Boston.com.
     
  2. You have chosen to ignore posts from Scorpio75. Show Scorpio75's posts

    Re: Good Fences = Good Neighbors?

    Ok samthastevens the OP has stated that the survey was done and the fence is on the property line prior to her moving in and she has since replaced the fence once it is not that hard to follow.

    Yes having the fence on the property line is not ideal however that was where the fence was to begin with and so when it was replaced that is where it was put.  So yes if the stuff is on her fence then it is on the property line.  It should be removed and she has tried to come up with diplomatic and respectful ways to ask the neighbor to move it.

    Personally I would stop being so nice and just flat out move the stuff off the fence or tell the neighbor that she needs to move it off the fence because it is damaging her property.  It is the same thing as run off from one property causing damage to another, you cannot have your property (in the case the neighbors trash) ruin another person's property (the OP's fence).  In my town developments have been sued and fined for allowing run off to ruin another person's property and the development had to in addition mitigate their run off so they were no longer causing damage.  It is the same concept here.

    So take your broom and fly away.
     
  3. You have chosen to ignore posts from samanthastevens. Show samanthastevens's posts

    Re: Good Fences = Good Neighbors?

    Except - if the fence is ON the line she is tresspassing if she moves the trash or maintains her fence for that matter.  Her neighbor is within her rights to demand the fence be moved back within E's property.  E has no legal standing here whatsoever and can actually be charged with harrassment for doing anything you suggest.  There is no run off - E said she sees nothing from her side of the fence.  Sorry, your example doesn't apply.  I stand by my advice.  E should move her fence back to be in accordance with the law.  She doesn't have the right to continue to bother the neighbor when the neighbor isn't violating any law.  I know you guys are friends, but it is very rude to tell a neighbor to clean up their property, offer recycling advice etc.  If E doesn't like the situation she should move her fence back.  And, if she decides to go after the neighbor "for the next fence" the local court will side with the neighbor because the fence is on the line and illegally placed.

    Continue your lovefest people, but E doesn't have the right to make her neighbor do anything when her fence is illegally placed.  by the way, if you don't want objective advice, you shouldn't post your questions in a public forum.  Why don't you people sign up for Facebook and make your pages "friends only?"
     
  4. You have chosen to ignore posts from ennui. Show ennui's posts

    Re: Good Fences = Good Neighbors?

    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]Except - if the fence is ON the line she is tresspassing if she moves the trash or maintains her fence for that matter.  Her neighbor is within her rights to demand the fence be moved back within E's property.  E has no legal standing here whatsoever and can actually be charged with harrassment for doing anything you suggest.  There is no run off - E said she sees nothing from her side of the fence.  Sorry, your example doesn't apply.  I stand by my advice.  E should move her fence back to be in accordance with the law.  She doesn't have the right to continue to bother the neighbor when the neighbor isn't violating any law.  I know you guys are friends, but it is very rude to tell a neighbor to clean up their property, offer recycling advice etc.  If E doesn't like the situation she should move her fence back.  And, if she decides to go after the neighbor "for the next fence" the local court will side with the neighbor because the fence is on the line and illegally placed. Continue your lovefest people, but E doesn't have the right to make her neighbor do anything when her fence is illegally placed.  by the way, if you don't want objective advice, you shouldn't post your questions in a public forum.  Why don't you people sign up for Facebook and make your pages "friends only?"
    Posted by samanthastevens[/QUOTE]

    SS: I simply can't walk away from a train wreck.  THE FENCE WAS MOVED LEGALLY TO THE CORRECT PROPERTY LINE ON MY PROPERTY VIA SURVEYING BY THE TOWN.  If the fence  was on the neighbor's property it would be THEIR responsibility to have had it replaced/repaired, not mine.   Is your skull made of Kryptonite? What don't you get about this no matter how many ways it has been explained to you. Please, just go away. You know not what you speak of.  I banish thee back to the bridal boards where you might be able to  comprehend simpler matters like cake frosting and centerpieces.   I'm done, over and out.
     
  5. You have chosen to ignore posts from pingo. Show pingo's posts

    Re: Good Fences = Good Neighbors?

    Thank you Scorpio! I just loved your last sentence -"Take your broom and fly away!" Quite suitable for that poster.
    It looks like samantha doesn't know, that there is something called "the grandfather law". I am not going to explain it here, but she/he can look it up.
    This he/she came in to this discussion late and does not know all the facts. Still she/he try to be the knowing-it-all poster.
    And he/she calls me "the queen of the Boston.com" - hardly ever. (But thanks for the compliment anyway). I laughed so hard that my eyeglasses were fogging up.
    So, posters just ignore Samantha. If you do, she will pick up her/his broom and fly away. And the Chat will be a lot better off.

    Ps. I already clicked on the "ignore button". You posters may want to do the same.
     
  6. You have chosen to ignore posts from ennui. Show ennui's posts

    Re: Good Fences = Good Neighbors?

    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]Ok samthastevens the OP has stated that the survey was done and the fence is on the property line prior to her moving in and she has since replaced the fence once it is not that hard to follow. Yes having the fence on the property line is not ideal however that was where the fence was to begin with and so when it was replaced that is where it was put.  So yes if the stuff is on her fence then it is on the property line.  It should be removed and she has tried to come up with diplomatic and respectful ways to ask the neighbor to move it. Personally I would stop being so nice and just flat out move the stuff off the fence or tell the neighbor that she needs to move it off the fence because it is damaging her property.  It is the same thing as run off from one property causing damage to another, you cannot have your property (in the case the neighbors trash) ruin another person's property (the OP's fence).  In my town developments have been sued and fined for allowing run off to ruin another person's property and the development had to in addition mitigate their run off so they were no longer causing damage.  It is the same concept here. So take your broom and fly away.
    Posted by Scorpio75[/QUOTE]

    Scorpio75:  Good luck trying to get all this to sink in with SS. You are correct in your analogy of a run off.  Thanks for trying!

     
  7. You have chosen to ignore posts from ennui. Show ennui's posts

    Re: Good Fences = Good Neighbors?

    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]Says Pingo the queen and owner of all things Boston.com.
    Posted by samanthastevens[/QUOTE]

    Me thinks you are looking for attention by way of a childish tantrum.  Try this piece of advice; just for once, take the high road and see where it leads. 
     
  8. You have chosen to ignore posts from ennui. Show ennui's posts

    Re: Good Fences = Good Neighbors?

    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]Thank you Scorpio! I just loved your last sentence -"Take your broom and fly away!" Quite suitable for that poster. It looks like samantha doesn't know, that there is something called "the grandfather law". I am not going to explain it here, but she/he can look it up. This he/she came in to this discussion late and does not know all the facts. Still she/he try to be the knowing-it-all poster. And he/she calls me "the queen of the Boston.com" - hardly ever. (But thanks for the compliment anyway). I laughed so hard that my eyeglasses were fogging up. So, posters just ignore Samantha. If you do, she will pick up her/his broom and fly away. And the Chat will be a lot better off. Ps. I already clicked on the "ignore button". You posters may want to do the same.
    Posted by pingo[/QUOTE]


    Eureka, the ignore button; pure genius!!!!
     
  9. You have chosen to ignore posts from samanthastevens. Show samanthastevens's posts

    Re: Good Fences = Good Neighbors?

    "Diplomacy is the art ........
    of letting someone have your way
    "

    I'm glad I'm on ignore, you can't hurl nasty insults at me.  To the others reading this - do you see Ennui's problem?  She placed her fence on the property line not within the property line.  She cannot control the space next to her fence because it is not her space.  If she doesn't want to argue with her neighbor she needs to move her fence within her property line.  Even if the stuff is TOUCHING the property line (fence) she is in a bind because her fence, by zoning laws, cannot be on the line.  When a property is sold, and a new fence is erected, "grandfather laws" do not apply.  Pingo talks a good talk but doesn't know the law as well as she claims.  As for run-off as Scorpio suggested, that does not apply because the fence is illegally place ON THE PROPERTY LINE - and E cannot control the line itself.  Her only solution is to move the fence back within her property and then she will have the necessary space to maintain the neighbor's side of the fence as well as control what touches the fence.

    Thanks for clarifying that the fence is on the line - you don't have any recourse (but I think you know that).
     
  10. You have chosen to ignore posts from ubet. Show ubet's posts

    Re: Good Fences = Good Neighbors?

    Hate to add an opinion which differs from most here but I have to side with samantha on this one.  If I were in your shoes I would be more upset about the unsightly trash than your concern about damage to your fence.  I have had the same fence in my back yard for more than 20 years.  My neighbor (who I am great friends with) stacks wood against it and several other items.  The fence is fine!

    I didn't read all the posts but I did see one that said your fence was on the property line and then another that countered this.  I would be careful about how big of a stink you make this to be because if it is on the line she could legally force you to move it.  It doesn't matter if it was installed by the previous owner.  You bought the house along with the problems that go with it.
     
  11. You have chosen to ignore posts from samanthastevens. Show samanthastevens's posts

    Re: Good Fences = Good Neighbors?

    thank you ubet.
     
  12. You have chosen to ignore posts from ennui. Show ennui's posts

    Re: Good Fences = Good Neighbors?

    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]Hate to add an opinion which differs from most here but I have to side with samantha on this one.  If I were in your shoes I would be more upset about the unsightly trash than your concern about damage to your fence.  I have had the same fence in my back yard for more than 20 years.  My neighbor (who I am great friends with) stacks wood against it and several other items.  The fence is fine! I didn't read all the posts but I did see one that said your fence was on the property line and then another that countered this.  I would be careful about how big of a stink you make this to be because if it is on the line she could legally force you to move it.  It doesn't matter if it was installed by the previous owner.  You bought the house along with the problems that go with it.
    Posted by ubet[/QUOTE]

    Ubet:
    If it was wood stacked against the fence that would be OK with me. This is cardboard boxes, lots and lots of plastic and metal (think rust), plastic garbage bags (think wet and rot).  As for the property thing; here we go again. The property line was surveyed by the town years ago and it was determined the previous owners were to move the fence to where it now stands..on what is now my property,  my responsibility.   Lastly, I am doing everything in my power to NOT make a big deal out if this which is why I only spoke about it once and they agreed to move it but only removed a few items and left everything else and have since added to the pile. So one more time:
    PROPERTY PREVIOUSLY SURVEYED BY TOWN PRIOR TO MY PURCHASING HOME
    FENCE MOVED ACCORDING TO SURVEY BY PREVIOUS OWNERS
    CURRENT FENCE REPLACED BY ME AT MY EXPENSE DUE TO FENCE BEING OLD AND ROTTING (I could have asked the neighbors to chip in since it rests on a line but took on the replacement myself which gives them privacy and a nice fence at no cost to them).
    WHERE FENCE NOW SITS IS ON LINE OF PROPERTY
    FENCE BELONGS TO ME AS RECOGNIZED BY TOWN
    Let me ask you this FOSS (friend of samanthastevens); If you own a car and park it in YOUR driveway that has a property line adjacent to the next door neighbor's driveway and the next door neighbor's kid is, let's say, throwing rocks while in their yard but rocks are hitting YOUR CAR...how would you handle it?  Maybe you would be careful not to say anything because after all, they are throwing rocks while on their own property and it just happens that YOUR CAR is in the way???   Do you figure you have no recourse as to any damages because they aren't throwing rocks while standing in your driveway or maybe you have no right to tell parents how to raise their children? You pay to have the dings/dents repaired on YOUR car even though someone else caused the damage.  Does that seem fair enough to you?

    Can I possibly explain the ownership and legality of the fence any clearer?  It belongs to ME . It is considered, through a town surveyence that it rests on MY PROPERTY  and therefore belongs to ME. I own it. I repair it, replace it, stain it, paint it, burn it down if I so desire.   Does someone then have a right to be negligent and disrespectful of the property that belongs, I'll say it one more time, TO ME?
     


     
  13. You have chosen to ignore posts from ubet. Show ubet's posts

    Re: Good Fences = Good Neighbors?

    Ennui,
    You have every right to be angry at this nasty neighbor of yours.  They have no right to put all this junk in their yard, against your fence, which is clearly on your property.  They are destroying your fence which is unfair since you spent your hard earned money to make your home look presentable.  Good luck resolving these issues.
     
  14. You have chosen to ignore posts from ennui. Show ennui's posts

    Re: Good Fences = Good Neighbors?

    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]Ennui, You have every right to be angry at this nasty neighbor of yours.  They have no right to put all this junk in their yard, against your fence, which is clearly on your property.  They are destroying your fence which is unfair since you spent your hard earned money to make your home look presentable.  Good luck resolving these issues.
    Posted by ubet[/QUOTE]

    Ubet,
    Are you patronizing me?  Ha ha!   Thanks for at least understanding the situation and my point of view.   PS...they aren't nasty.  See, I'm defending them!   They are decent sorts, maybe clueless first time homeowners who don't know the ways of ownership and responsibility.   I do take pride in how my property looks and spend time, effort and money to enjoy pleasant landscaping and curbside appeal. If I were to put the house up for sale, the stockpiled trash would not be a welcoming sign for potential buyers.   I appreciate your response.

     
  15. You have chosen to ignore posts from samanthastevens. Show samanthastevens's posts

    Re: Good Fences = Good Neighbors?

    Ha Ha!  Good one ennui!
     
  16. You have chosen to ignore posts from ennui. Show ennui's posts

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    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]Ha Ha!  Good one ennui!
    Posted by samanthastevens[/QUOTE]


    Glad that you appreciate my humor.  See, I'm not an evil-doer after all. 
     
  17. You have chosen to ignore posts from samanthastevens. Show samanthastevens's posts

    Re: Good Fences = Good Neighbors?

    I thought I was on "ignore?"  I never said you were evil - your supporters and you were mean to me!  Go back and read a little more objectively - I don't make fun of your screen name or tell you to get off the boards.  I just told you what local law typically is, and how your neighbor probably feels.

    Again, if you don't want differing opinions, you shouldn't ask for advice on a public forum.

    Peace - and I hope you let "diplomacy" run both ways.
     
  18. You have chosen to ignore posts from ennui. Show ennui's posts

    Re: Good Fences = Good Neighbors?

    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]I thought I was on "ignore?"  I never said you were evil - your supporters and you were mean to me!  Go back and read a little more objectively - I don't make fun of your screen name or tell you to get off the boards.  I just told you what local law typically is, and how your neighbor probably feels. Again, if you don't want differing opinions, you shouldn't ask for advice on a public forum. Peace - and I hope you let "diplomacy" run both ways.
    Posted by samanthastevens[/QUOTE]

    For some reason, your reply showed up so I cancelled the ignore.   I am not a mean person and certainly do not think you are either. My "supporters" do not come across as mean and in fact were very thoughtful, insightful and genuine in trying to help with a dilemma. I would say that even if they did not agree with me.  Its all in how you present yourself and your opinion to others.  When you start off with name calling and accusation without taking all the information into consideration, the natural reaction is to make a person defensive.  Your attitude came across as very much in line with your chosen screen name.   You are correct that diplomacy runs two ways, I recognize that but keep in mind the key word is DIPLOMACY, or tact.  At any rate, regardless of whether I have a right to speak to the neighbor about this based on where the fence line falls, I do think I have a right to protect what I own from ruin and feel they are bringing down property values by having a collection of trash that grows with each passing week.    If you were planning to  purchase a home and noticed the family who lives less than 25 yards from your property  have a trash heap in their yard, would you think twice about wanting to live next door to that? 
     
  19. You have chosen to ignore posts from pingo. Show pingo's posts

    Re: Good Fences = Good Neighbors?

    Ennui,
    I cannot read SS' s posts any longer, so I don t really know, what brought you to be so angry and defensive. You don' t need to.
    However, I do know you are a gentle and caring person. And I am truly sorry this thread turned into being so nasty.
    But let me tell you this. SS told you I speak "good". Well, I do know a bit about land surveying. It is one of the services my company do. If you have a certified plot plan, that shows your fence - then you are intitled to build a new fence on the exact same spot. Why did I bring up "the grandfather clause"? - Because it seems to me the fence must have been there for some time in order to rot that much. I have no idea, when the original fence was installed, but if it had been there for 20 years - then the GF clause would be in effect.
    However, you have stated again and again, that the fence IS ON YOUR PROPERTY - so you do not have to worry. Your neighbors are using your property to load off their trash. I am just amazed, you cannot get any help from your town to have them to remove it. Did you try to write to your town?
    Hope you will be able to solve this pesky problem. Best to you my dear - Pingo

     
  20. You have chosen to ignore posts from ennui. Show ennui's posts

    Re: Good Fences = Good Neighbors?

    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]Ennui, I cannot read SS' s posts any longer, so I don t really know, what brought you to be so angry and defensive. You don' t need to. However, I do know you are a gentle and caring person. And I am truly sorry this thread turned into being so nasty. But let me tell you this. SS told you I speak "good". Well, I do know a bit about land surveying. It is one of the services my company do. If you have a certified plot plan, that shows your fence - then you are intitled to build a new fence on the exact same spot. Why did I bring up "the grandfather clause"? - Because it seems to me the fence must have been there for some time in order to rot that much. I have no idea, when the original fence was installed, but if it had been there for 20 years - then the GF clause would be in effect. However, you have stated again and again, that the fence IS ON YOUR PROPERTY - so you do not have to worry. Your neighbors are using your property to load off their trash. I am just amazed, you cannot get any help from your town to have them to remove it. Did you try to write to your town? Hope you will be able to solve this pesky problem. Best to you my dear - Pingo
    Posted by pingo[/QUOTE]

    Good evening pingo,

    As it has been told to me, originally the fence was over a few feet into the neighbor's yard.  When the previous owners bought the house I now own, they had it surveyed because they were hoping to widen the driveway and it turned out the then neighbor had claimed those 4 feet on their own so.....the town surveyor determined that portion of the land belonged to the plot of the home I own and the fence was repositioned accordingly.  The fence was origianlly installed by owners in the  early 80's so when I purchased in the late 90's it was showing signs of wear and did not look as though it had ever been sealed or stained so it dryed and rotted and then one day it collapsed so I replaced it.  That's the history as best I can via word of mouth.  The neighbors at the time I bought my home kept their trash barrels against the fence and I never had a problem with that, ever.  This is raw trash with materials that will cause the fence to rot out, I'm fairly certain.   This would never fly out west!!!!
    And I can't help but think if I put a for sale sign out tomorrow and had an open house, potential buyers would ask; "what's up with the  neighbors and trash pile next door?"   As you have such experience with these matters via your work, I appreciate sharing your knowledge of this issue and it bolsters my suspicion that I am within my rights.   By the way, the town is one of those close knit communities where everyone knows everyone (except me) because I  don't get wrapped up in all the small town talk and keep a very low profile.  If I were a long time known entity, I think the town might be more cooperative and forthcoming but its sort of a good old boy network.  Que sera.... Thanks for staying in touch.
    Have a pleasant remainder of the weekend.



     
  21. You have chosen to ignore posts from samanthastevens. Show samanthastevens's posts

    Re: Good Fences = Good Neighbors?

    "Ennui - sorry you still have to deal with this problem. By code (in MA) a fence must NEVER be placed right on the property line. It has to be placed at least 1 foot away on the fence owner's property. " - Pingo

    "WHERE FENCE NOW SITS IS ON LINE OF PROPERTY" - Ennui

    Hummm, sounds like you don't have a certified plot plan as Pingo suggests, because she says the town wouldn't let you put it on the line.  So good news, you must own a foot of land on the other side!  You can tell her to move her trash off your property!!

    As for name calling?  I just read the entire thread again.  I said your actions are rude and Pingo is the Queen of Boston.com.    You all called me a witch.  Hardly a comparison. 

    Oh, diplomacy does not mean tact.  You need a better dictionary.

    You can continue the discussion, I'm done here.  I'll pray for your neighbor - you might be neat and tidy, but I am so glad you don't abut any of my properties.
     
  22. You have chosen to ignore posts from ennui. Show ennui's posts

    Re: Good Fences = Good Neighbors?

    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]"Ennui - sorry you still have to deal with this problem. By code (in MA) a fence must NEVER be placed right on the property line. It has to be placed at least 1 foot away on the fence owner's property. " - Pingo "WHERE FENCE NOW SITS IS ON LINE OF PROPERTY" - Ennui Hummm, sounds like you don't have a certified plot plan as Pingo suggests, because she says the town wouldn't let you put it on the line.  So good news, you must own a foot of land on the other side!  You can tell her to move her trash off your property!! As for name calling?  I just read the entire thread again.  I said your actions are rude and Pingo is the Queen of Boston.com.    You all called me a witch.  Hardly a comparison.  Oh, diplomacy does not mean tact.  You need a better dictionary. You can continue the discussion, I'm done here.  I'll pray for your neighbor - you might be neat and tidy, but I am so glad you don't abut any of my properties.
    Posted by samanthastevens[/QUOTE]

    I did not come out and call you a witch, I merely said your on-line name seems appropriate. On some level you must know that, otherwise you could have called yourself Mother Theresa.  So let's call this a draw - we are both glad to not be each other's neighbors.   And one more thing; look up diplomacy in a thesaurus and you will indeed find it linked to the word tact. 
    .
     
  23. You have chosen to ignore posts from pingo. Show pingo's posts

    Re: Good Fences = Good Neighbors?

    My gentle friend Ennui,

    ---"the town surveyor determined that portion of the land belonged to the plot of the home I own and the fence was repositioned accordingly---"

    This information shows, you have nothing to worry about. If the fence was installed in the 80's - then the Grandfather clause would also apply. 20 years plus.

    Please don' t listen to the nay-sayers. You are right - they are wrong.
    Hope you will be able to solve this nasty problem. My best to you my dear and good luck. Please let us know, how it turns out - Pingo

    Ps. I love your avatar. It is beautiful.
     
  24. You have chosen to ignore posts from ennui. Show ennui's posts

    Re: Good Fences = Good Neighbors?

    In Response to Re: Good Fences = Good Neighbors?:
    [QUOTE]My gentle friend Ennui, ---"t he town surveyor determined that portion of the land belonged to the plot of the home I own and the fence was repositioned accordingly ---" This information shows, you have nothing to worry about. If the fence was installed in the 80's - then the Grandfather clause would also apply. 20 years plus. Please don' t listen to the nay-sayers. You are right - they are wrong. Hope you will be able to solve this nasty problem. My best to you my dear and good luck. Please let us know, how it turns out - Pingo Ps. I love your avatar. It is beautiful.
    Posted by pingo[/QUOTE]

    Dear pingo,
    Thanks for the compliment on the avatar. I was in need of change. The cat in the original is a neighborhood stray, one I feed and frequently take in when weather is cold but he/she will only indulge me for so long and then wants out. It took years to win the trust of entering my home. 

    I know I am within my rights regarding the property, the line, the fence. If a neighbor of mine put up a new fence that abutted my property line I would be so grateful for the new fence installed with someone else's hard earned money that I would offer to split the upkeep of sealing, staining or at least offer to pay for the upkeep on the side facing my property.   The saga continues and will keep you posted of any new developments.  Enjoy the day!
    Ennui
     
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