Re: Fence Built On Neighbors Property!

Posted by T_Bone on May 17, 2005 at 07:28:50 from (4.240.42.160):

In Reply to: Re: Fencing posted by Nolan on May 17, 2005 at 04:19:55:

Hi Nolan,

My son just went thru something simular in Arizona. He had a house built with 6ft high block fence that was built 18" on one end of a 100ft length on his neighbors property.

Neighbor wanted the fence moved as his new driveway was 18" short.

Since the fence wasn't 7yrs old and not recorded at the County Recorders Office, the neighbor owned the 18" of fence.

The original surveyor was 18" off and not a State Registered Contractor (ROC), that is required by this State. The ROC did make a call to the non ROC surveyor and requested his presence before the board of ROC.

The State ROC didn't want to get envolved with the fence as there was only one ROC fence contractor in this area, the rest just bootleg fence installs. This is why this State has the ROC to deal with this type of problems.

Son didn't record his survey of the fence nor of the property line, a law requirement if you want the property line and fence to be "fixed" by law.

Had the Son recorded such, then he would automaticly become responible for all current errors and errors that occur there after. Now we understand why the fence nor survey was not recorded.

As it is now, the Son's original contractor has agreed to pay 100% to have 100ft of fence torn down and rebuilt based upon a new survey.

After one year, the old fence has been torn down with footer removed and a new footer installed. The block fence is pending upon the building fence ROC contractor gets the time to build it.

Now as soon as the neighbor ties into the Son's block fence, then he owes my Son 1/2 the cost of that $5000, 100ft of block fence. The neighbor is a Contractor building the house for new owners so the Son is going to the neighbors closing to get his 1/2 cost of the fence. So far the Son has collected $2500 of the $5000 total due.

Just thought I'd give a idea of what happens when a fence is not built where it should have been, As you can see one year of huge headaches.

T_Bone

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