Our elderly neighbors were planning on fencing in 1300 square feet of common ground that adjoins our lot. They also wanted to put their fence about 4 feet over into our side yard. We gently tried talking to them about the potential encroachments twice. Unfortunately they were not open to moving their fence stakes even after we gave them our survey and the plat of our street showing the common ground. We had to eventually involve the neighborhood trustee in charge of fence approvals. Now they are absolutely furious about it. Did we do the right thing? How can we now deal with angry neighbors who yell at us from their car as they drive past our house? Our lot adjoins common ground/green space towards the back. It's one of the reasons that we bought our house. When we installed our fence, we put a gate in our backyard so our family could access the green space. We also have a large side yard.
Our neighbors had told us that they were going to tie into our existing fence. This was OK, but when I was in our backyard, I noticed that the fence company had staked out the fence placement to include a 13' x 100 feet section of the common ground -- which would completely block our access. Our gate would lead into their "yard." I also noticed that they had staked out a 4' x 15' foot section of our side yard to enclose.
My husband caught one of the homeowners out in the yard and casually told him that he thought he was wrong about the stake placement. Our neighbor denied that there was common ground, and said that he was correct about the side yard as well.
We were surprised, because we were expecting that this was a misunderstanding. Who expects to be able to put a fence on land they don't own?
A week later we took them our survey showing our side yard and common ground frontage. The neighborhood plat also clearly showed the common ground. They got really angry and said they were not going to move their fence. My husband works in real estate, so he tried his best to explain what an encroachment was and how it could make it tough for us to sell our property later on. No luck.
As a last resort, we had to involve the trustee on the architectural board, who sent them an email saying that they received approval only for a fence on their lot -- not our lot and not the common ground. A week later the fence was installed in the correct spot (still about 6" over onto our property but better than 4').
They are absolutely furious with us. They will drive by our house and yell out the car window "We lost 13 feet of our yard because of you!" The wife also has yelled that they've here for 19 years with no problems, and that we move in "and create a BIG stink and involve the trustees." They say that we are just causing problems.
Did we do the right thing? How do we deal with a couple in their late 70s that now seems intent on harassing us when they drive past our house? We are 40 and have 2 small kids. The kids are scared of these people, too. We feel like we can't use our own yard now without being yelled at.
Our neighbors had told us that they were going to tie into our existing fence. This was OK, but when I was in our backyard, I noticed that the fence company had staked out the fence placement to include a 13' x 100 feet section of the common ground -- which would completely block our access. Our gate would lead into their "yard." I also noticed that they had staked out a 4' x 15' foot section of our side yard to enclose.
My husband caught one of the homeowners out in the yard and casually told him that he thought he was wrong about the stake placement. Our neighbor denied that there was common ground, and said that he was correct about the side yard as well.
We were surprised, because we were expecting that this was a misunderstanding. Who expects to be able to put a fence on land they don't own?
A week later we took them our survey showing our side yard and common ground frontage. The neighborhood plat also clearly showed the common ground. They got really angry and said they were not going to move their fence. My husband works in real estate, so he tried his best to explain what an encroachment was and how it could make it tough for us to sell our property later on. No luck.
As a last resort, we had to involve the trustee on the architectural board, who sent them an email saying that they received approval only for a fence on their lot -- not our lot and not the common ground. A week later the fence was installed in the correct spot (still about 6" over onto our property but better than 4').
They are absolutely furious with us. They will drive by our house and yell out the car window "We lost 13 feet of our yard because of you!" The wife also has yelled that they've here for 19 years with no problems, and that we move in "and create a BIG stink and involve the trustees." They say that we are just causing problems.
Did we do the right thing? How do we deal with a couple in their late 70s that now seems intent on harassing us when they drive past our house? We are 40 and have 2 small kids. The kids are scared of these people, too. We feel like we can't use our own yard now without being yelled at.