Need An Opinion On Property Lines

I meant to get a tumbler style composter that fit perfectly between my heat pump condenser and my neighbor’s fence.

He pitched a fit and said it would attract insects and snakes. His wife is phobic about insects. He has OCD concerning his yard work.

Further he claims that he owns 4” on my side of the fence. It is my understanding that once you erect a fence, you establish a new property line. It is his fence.

What say you?

 

A fence does not change the property line. Otherwise you could move it another foot and take HIS yard - right?

 

Like NSH said, my instinct is that if the property line is four inches after the fence, there’s no way that could change the property line itself. Say he built a fence smack dab in the middle of his yard. That wouldn’t make half of his yard yours, right?

To get a better answer, it would also help to include what state you’re in (MD, right? Just want to be sure). If you live in a subdivision with an HOA, that could make a difference too, so that would be worth mentioning if it’s the case.

 

Actually, in some circumstances, it can. @Breeze147 you should get the opinion of a Maryland attorney. It depends on what the state law says about adverse possession. The general concept of adverse possession is that if someone occupies and uses your property without permission in an open and notorious manner for a lengthy period of time (usually many years or a couple decades), then the law may award that person your property. Its based on very old legal concepts that favor the utilization of property. But it varies somewhat by State, so find someone with local expertise

 

Must be a short/gapped fence or he's really tall and/or nosey.
You could send him a bill for maintaining his 4" of lawn.
It shouldn't smell much unless something is wrong, maybe see if a trial run can be done. Probably easier to just find another spot.

 

Consult an attorney.

In the end, will it be worth the fight? How much will it cost to get a survey and/or have legal action? I hate neighbor wars...our next house will be out in the country...

 

I don’t have the money to fight. It just colors our relationship, which had been fairly good. It’s the pettiness.

Truth be told, if I want compost, I will go to Lowe’s and buy a bag. I was just looking for something to do.

 

You should have a survey from your closing when purchased. Consult it or request a copy from the appropriate government entity.
And don’t throw pieces of green garden hose over your fence just to antagonize. Ok, don’t do it a lot.
(but seriously, you’ve “stolen” a part of his property? And nothing was said until now?....curiously a fence post is generally a 4”x4” piece).

 

Composting your garbage within 4 inches or less of your neighbor doesn't seem like a very neighborly thing to do. Doing it when you admittedly don't need to, and are just looking for something to do, and fully knowing that he takes pride in his property and his wife would have a fit, seems like antagonizing for no good reason.

But you didn't ask for opinions about good character - you asked about whether the neighbor was right about owning his own property. He does. But barring any ordinance to the contrary, you can make your own fertilizer on any square inch of your own property that is allowed. Check your local laws. There's sure to be ordinances spelling out what you can and cannot do and what easements and setbacks are in your section of town. UK Mentioned adverse possession. If it's been 20 years or more, there is a possibility you could claim that 4 inches as your own, but you would probably need a lawyer to fight it, unless you were up to it yourself.

 

Most residential closings don't conduct a survey prior to closing (because neither side wants to pay for it). And local governments don't keep surveys for you. There might be a plat on file at your local register's office. But if you're really determined to figure out the correct property line without paying for a new survey, you can start with the legal description in your deed. If you can find one of the corner pins (usually buried if you're not a corner lot) you can start measuring from there. I did that when I wanted to add a fence to my property. My neighbor was convinced I was putting it in the wrong place on his land. I told him if he wanted to hire a surveyor, I would await those results. He paid four figures for a full survey (no idea why he didn't spring for the cheaper boundary survey) and it confirms I was exactly right. But I was lucky because my lot was a perfect rectangle with ninety degree angles at each corner. It was pretty easy to measure

 

I have a tumbler composter. I'm bad about keeping it moist and fed. It has never smelled bad and I never see insects around it. Buy a nice bag of cow manure compost.

 

We used a composter. It drew insects and occasionally smelled bad. Then we realized we never even used that shit. Ironically, I gave it to my neighbor, but he lives a quarter mile away. He never uses that shit either.

 

I didn’t build the fence. They did.

 

Golly, I wasn’t trying to mess with them.

I don’t even want the composter now.

 

This is what I get for surfing Amazon.

FWIW, I was the first resident in the development. Everyone else built around me.

This actually is great news, because now I will insist he string trims his 4”.

 

I concur with this. I don’t want it now. It’s more fun sitting on my patio drinking a cold brew while he busts his ass in his “grounds”.

 

I hope you are just joking about trimming that 4 inches.

1 - Depending on the fence, would he have to trespass on your property to do the job right?
2 - Long term relationship will go down hill.
3 - It takes you almost no effort to mow that when you are out there.

Side note: Our property line is about 12 inches from the neighbors driveway. When I mow, I always mow right up to his driveway, otherwise, there is a little strip there looking funny.

 

That makes sense where the 4” reference comes from. He put the 4x4 post on the property line and the 2x6 or 2x4 which are then parallel to the ground on his side of the posts. The “pickets” are then nailed top to bottom making the enclosure. So technically he owns the 4” space behind the fence if done correctly. Which makes it all so weird.

 

I know you said you already changed your mind, but a good, working compost pile does not stink nor attract insects.

 

I mean, I've been composting for ~20 years - previously in a worm bin indoors and now just in a pile in the back yard, and there are always insects. Even in a properly balanced bin. The normal insects don't bother me at all, but the small fruit flies that occasionally gather in my kitchen collection bin or in the worm bins when I composted in the basement did bother my husband - that's why I compost in the backyard now. Well, also I have space to do so -I have a batch composter from when I lived in a smaller place but I haven't used it in ages - I don't usually have a batch of stuff to go in and prefer a pile for my needs.....The batch composter drains well (mine does, at least) and I will say I never had a bin go anaerobic in the batch but I had 2 worm bins that did.