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Old 03-21-2014, 02:49 PM   #16
Creation OP
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She rents the house. The actual owner told me today that I am correct in where the line is and in his eyes am free to build my fence. Pulled out his own survey so we could check the line properly and asked my lovely doll of a neighbor to move her garden items out. She started having a fit and drove away.

So she is 7ft over on my side in one part and 11ft over at the end of the area. The home owner will be happy about the fence as I offered to replace the back corner of his rotten fence (that is on my property) with new wood and place it on the line until it meets his own.

Apparently she isn't supposed to have a dog at the residence anyway , haha
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Old 03-21-2014, 07:32 PM   #17
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Originally Posted by Creation View Post
She rents the house. The actual owner told me today that I am correct in where the line is and in his eyes am free to build my fence. Pulled out his own survey so we could check the line properly and asked my lovely doll of a neighbor to move her garden items out. She started having a fit and drove away.

So she is 7ft over on my side in one part and 11ft over at the end of the area. The home owner will be happy about the fence as I offered to replace the back corner of his rotten fence (that is on my property) with new wood and place it on the line until it meets his own.

Apparently she isn't supposed to have a dog at the residence anyway , haha
Man, that sure turned into a win for you. I was afraid I was going to here of a fued starting up.
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Old 03-22-2014, 06:18 PM   #18
GrizzLee
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Laugh

I love how this turned out.

I had issues w/ my neighbor years ago. Actually, my neighbor did, not me, because we had a big green area between us. His wife wanted to take out the trees for a garden and I said no because it was my property. Short story, they wanted to have me pay for half of the survey. I said NO as I had a pretty good idea on the property lines and he was the one with issues. In any event, he spent the money and low and behold, the property line came within 5 feet of the corner of his house. Not the 10 feet I had assumed from my deed. He could no longer fit his truck into. The back yard. They moved, shortly after. Looks the the platt wasn't quite right or they built the house in the incorrect spot. In any event, the survey got rid of a neighbor no one cared for .... Barking dog that was getting out constantly and shitting where ever it felt the need. Current neighbors are Chinese and don't speak English, but they must have money. They hire a landscape service to keep their place looking nice. All fine with everyone.
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Old 03-22-2014, 08:00 PM   #19
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Is there some rule about a fence being offset a certain distance from the property line? Maybe it's the street or sidewalk property line.
Sorry, just came to mind, it was sort on subject.
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Old 03-22-2014, 08:11 PM   #20
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Man, that sure turned into a win for you. I was afraid I was going to here of a fued starting up.
Stay tuned. These things have a way of devolving.

With regard to the OP, don't let the fact that your neighbor is a renter disabuse you of the notion that she can't give you grief over the fence. Realistically, she is, after all, the one you have to live next to, her landlord notwithstanding. Also, let me point out (in a bloviating sort of way) that a tenant enjoys certain advantages over a landlord under WA's Residential Landlord-Tenant Act. While the landlord may be happy to accommodate you, I'm sure he doesn't want an aggrieved and petulant tenant on his hands who doubtless is now calculating whether she can hold him (or you) responsible for the loss of her garden. And now she may lose her pet. She gets a lawyer, he gets a lawyer, and guess what, you may have to get a lawyer if for no other reason than to argue that you haven't interfered with her tenancy.

It's entirely possible your neighbor's landlord misrepresented the boundaries of the yard. Who knows. As a Washington attorney I've seen this kind of situation spiral quickly to the outer orbits. My advice: make a reasonable effort to mollify your neighbor. To the extent you can, work with her landlord and her.
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Old 03-22-2014, 10:20 PM   #21
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She's getting evicted because of the dog. Homeowner told me today. In all honesty she's only been there about 5 months and it's been horrid for the neighborhood. We had a block party that she called the cops on at 9pm because the lights were too bright, feeds the raccoons and rats food because "they were here first" and finally had the nerve to tell the neighbor girl across the way who is 7 that she dressed like her mom; a slut.

She can't wait to leave this "rude" neighborhood she told me today. Good riddance.
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Old 03-22-2014, 11:42 PM   #22
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Thumb

Been watching this and glad it appears to have worked out for you! I bought my first house over a year ago in a very quiet neighborhood, with nice neighbors and I'm so grateful to be here. In fact I was relaxing with a beer in my backyard listening to the quiet sounds of the night and contemplating life. It's so much better here than where I was living (2 murders a block away at different times, neighbor couple screaming at each other and their kids, etc, etc....)
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Old 03-24-2014, 12:58 PM   #23
matloik
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Adverse possession is difficult in this situation IIRC to claim adverse possession you need to have been paying the property tax's on that land for a number of years, so your neighbor would need to prove that she has been paying the taxes but I'm sure you have.
You, sir, are mistaken. Adverse possession certainly is a complicated situation, regardless of which side of the 'fence' you are on; but the payment of property taxes is not a requirement to make such a claim. Doesn't sound like the OP's situation is going to get to this, but relying on Internet-forum advice on property matters such as this can be a big mistake.
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Old 03-24-2014, 10:38 PM   #24
Friz Freleng
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I think RCW 7.28.070 is the cause of this confusion:
Adverse possession under claim and color of title — Payment of taxes

Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, devise or descent, before said seven years shall have expired, and who shall continue such possession and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section.

In Washington, adverse possession requires 10 years continuous possession. However, if possession is under color of title, and if taxes have been paid, then the period is reduced to seven years. Generally, if a person adversely acquires property without color of title, continuously possess the property for 10 years (and be open and notorious, blah, blah, blah) then the adverse possessor may nevertheless have to reimburse the title holder for taxes paid.

As Matloik said, the OP's situation doesn't seem to present an adverse possession issue.

Easy peasy. There WILL be a test.
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Old 03-26-2014, 05:03 PM   #25
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She's getting evicted because of the dog. Homeowner told me today. In all honesty she's only been there about 5 months and it's been horrid for the neighborhood. We had a block party that she called the cops on at 9pm because the lights were too bright, feeds the raccoons and rats food because "they were here first" and finally had the nerve to tell the neighbor girl across the way who is 7 that she dressed like her mom; a slut.

She can't wait to leave this "rude" neighborhood she told me today. Good riddance.
And she is gone! Sucks my neighbor is out a tenant but he told me not to worry and sorry for the hassle.

Got to see inside the house, piss and poop stains, torn up carpet by the kitchen doorway and torn up shower curtains. Tables were chewed on as well. The smell is so bad, I don't know how some people can live like that !
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Old 03-26-2014, 05:37 PM   #26
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And she is gone! Sucks my neighbor is out a tenant but he told me not to worry and sorry for the hassle.

Got to see inside the house, piss and poop stains, torn up carpet by the kitchen doorway and torn up shower curtains. Tables were chewed on as well. The smell is so bad, I don't know how some people can live like that !
Yikes. This is one of the reasons I don't invest in rental properties.
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Old 03-28-2014, 11:12 AM   #27
rain_man_rich
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meanwhile back to fence building....

Most cities and counties have rules regarding the TYPE AND HEIGHT of fence you can build. It would be better than just a good idea to check in with your local planning department to get the skinny on the rules. You don't want to have to invest in materials and labor just to have some government official come to your house and tell you to remove or modify your brand new fence.

Ask me how I know... OK I'll tell you. I used to be that effen city guy who's job was to tell people they had to remove or modify their brand new fence.

The rules can be quite complicated so don't just call. Go down there and get a copy of the rules and any handouts they may have.

Good luck on the fence. Done properly, they can be quite nice and add value to the home and quality of life in the neighborhood. I Hope it turns out good for you.

PS: To survey or not to survey.... As others have said, get a copy of your lot creation map at the County (or if in the City they may have it and this would also give you an opportunity to talk with the planning department about fences). Your parcel is likely monumented with iron pipes, rebar, or rebar with yellow or red plastic caps. A pinfinder (a common surveying tool available for rent at a surveying retail store) would be valuable to help you find them. If you can find all of them, you would be good to go as long as the distances check out (I've seen instances where people have moved them) . If you feel uncomfortable doing any of this, for sure hire a surveyor to mark your corners for you.

rain_man_rich screwed with this post 03-28-2014 at 11:23 AM Reason: surveying opinion
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Old 03-28-2014, 12:50 PM   #28
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Screw the rules! Build that bastard high and strong. Put at least one gun tower along it, more if you can't see the whole thing from one spot. put a great big friggen search light up there also. Get a couple mean ass dogs. Steal an article of clothing from your local inspector and use it to "train" the dogs as to what they are looking for. Keep them hungry and on your side of the fence. Pick up a recording of some kind of tribal war chant. Play it on a continous loop through a pa speaker pointed away from your house. Not loud but just audible. Occaisionally play a recording of automatic gunfire really loud. Wouldn't hurt if you painted your personal vehicles flat black and blacked out the windows. You shouldn't have too much more trouble with neighbors. This is supposed to be the land of the free damnit!











I could be wrong........
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Old 03-28-2014, 01:10 PM   #29
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Best advice yet !!
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