State: Tennessee
You can just skip to the actual issue part if you want, but I provided an accurate backstory for anyone that may think it plays a factor.
Brief Message:
I have been looking at a lot of threads on SD for a long time now and always enjoyed reading both the questions and the answers given. Most of the time it seems the threads are pretty full of reasonable people that just want their neighbors to be reasonable too. So, since I have plenty of issues with neighbors myself I figured I would check for opinions on here.
Backstory:
Back in 2015 there were three unsold homes right beside each other and built by the same person. My wife and I bought the one that had the most land (this yard is .6 acre vs the other two being a combined .6 or maybe a bit less) even though the yard needed a ton of work. We knew we wanted a fence around the perimeter of the yard and planned on bringing it in a few feet to allow us to do maintenance on it and to make sure none of the neighbors could try and claim it in anyway. We even planned on putting a border right at our side of the property line to help make discourage any attempts at the neighbors claiming the fence or our yard.
(Two neighbors that border us already had old chain link fence that is falling over and was installed 6 - 8 inches on their property. However there was an occupied home, an empty field, and the unsold house next door that all did not have any fences.)
My dad and brother came and put up a 6 ft wooden privacy fence between our home and the unsold home next door (they also brought that fence to meet the front side of our home and put a potion of fencing on the other side of our home with plans that my wife and I would eventually pay someone to finish fencing in our entire yard one day). This fence was built so that the point of it closest to the font of the house is approximately 18 inches from the property line bordering the neighbor and the end of the fence is approximately 26 inches away from the property line. My wife put down green metal border right at our side of the property line and put down lava rocks between the line and fence, and even about 6 inches onto the inside of our fence.
Well, in 2016 a middle aged couple moved into the house next door with two medium to large sized dogs They make more money than I do (I am retired for all intents and purposes due to health issues that happened while in the Army) and can waste it however they want, but they approached me soon after they moved in saying that they wanted to put up a fence but could not afford to. They even asked if I would let them use my fence if the put up a fence. I told them now, that I specifically put the fence back and put border there to protect my property and interests. There is the same old broken chain link fence running behind them that I have running behind me, so if they talked to those neighbors, they would save money there.
They got quotes but decided it was too expensive and eventually the third house was sold and that person put up a 6 ft tall wood fence that was about 8 inches inside of their property line. This made my immediate neighbor go back to wanting a fence and got money from their parents to put one up. They got permission from the other neighbors to use their fences, but I still would not give them my permission. Even though I told them that they could not use my fence or land, when they got quotes the second time they were telling the fence companies to go ahead and build to our fence…but thankfully none of them did and the one company that they ended up going with did come over to my home and tell me what had happened. So, they put up 6 ft privacy fencing in the font area (following setback rules of course) and then put 4 ft chain link about 4 inches into their property line that borders me.
I have always maintained all of my yard despite my disabilities and all the extra care it takes me. I would go down my rock bed at my fence and spray it would weed and grass killer each month and the neighbor had told me that I could spray their fence line to help keep it maintained and not to worry about over spray. I did that until one day they came over cussing and yelling at me because they were mad that there was some overs spray that went a bit more into their yard in a few places and they were worried that their dogs would eat it. They were really mad because they had concrete work done that was done wrong and they wanted someone to take their anger out on. I was nice and did not raise my voice at them until they kept yelling and such at me during the conversation, saying how they would sue me and I need to pay them this and that. I simply told them I was doing exactly what they said I could do and that is they can maintain it themselves from now on (and that included both sides of their fence line). And that they need to get the copies of the damage I did to their property, send me a certified letter of it and then likely take me to court because I literally did what we previously had agreed on.
This neighbor litters the street and my yard with fireworks every holiday that allows them. They were consistently blocking part of my driveway for a while until I finally got them to quit. When they had the concrete work done, the people that did the work left concrete sludge in front of our driveway that got on our car and required us to spend time and money cleaning the car, our driveway, and street so it would not cause permanent damage.
They have been inconsiderate in many other ways despite being told about it. They have even placed stuff so that it leaned into my yard at my fence so I could not get through my own path/yard. Since they took it upon themselves to start blowing their grass clippings and trash from their yard into my rock bed along my fence, I removed the rocks and will be replacing the border with capstone.
Since they would not maintain my side of their chain link fence, which is their yard, I reported them to the city code enforcement. Code came out and made them weed whack it. But because the neighbor would not keep it cut, I have had to report them a few more times. When I saw them have a pink slip from code on their door I assumed it was from their failure to weed whack still and I went ahead and put a no trespassing sign on my yard at my fence that would have to be stepped over if they attempted to trespass down my property to weed whack. I did this because I don’t want them on my property because I don’t like them for how they are (even though they keep claiming to be nice people and such), I don’t want liability, I don’t want them damaging my property (mainly my fence) since they can’t fit through there well anyway, and I don’t want them ever being able to claim any sort of adverse possession or easement rights against me.
They confronted me about the no trespassing sign…surprisingly not cussing me out this time or yelling…just raised voices…and I told them that they would need to reach over the fence to cut there grass because I don’t want the liability, my fence damaged, or anything else going on. They told me that they would always ask before going into my yard because they don’t want to trespass, but at the same time said that they have went through my yard in between the fences before when I was gone so they could cut the area. The guy that said he did the weed whacking morbidly obese and I have enough problem fitting through that area and staying on my side of the property without leaning against my fence…so I would have to assume that he could barely squeeze through the space and just leaned against my fence as hard as he could to fit through there. He did end up weed whacking by reaching over his fence in the end. Long story short, they tried to make me feel bad about not letting them use my yard as a work area…and I kinda felt bad…but stuck to my instincts due to previous issues and mitigating issues in the future.
Summary:
Inconsiderate neighbor wants to use my yard (which he can’t really fit in the space of) to maintain his few inches of yard between the property line and his fence. I won’t give permission due to various reasons such as how the neighbor has acted, the lack of space in that area for someone that obese, not wanting my fence damaged, and don’t want neighbor to be able to make any claims of easements or adverse possession in the future.
I could write up a document about waving liability and such, but that aside, neighbor has not been actually good…just acts nice when they want something, so I have nothing to gain, and just extra headache if I let them use my property.
I could maintain his few inches at his chain link fence, but due to issues with neighbor I don’t want to risk any more issues or liability. Even something waving me of liability means that I would have to use my time, energy, money, etc to deal with someone else’s property. And considering I had permission to do things before that they got angry about, I wont’ touch their property.
Questions/Concerns:
I just wanted the input of people that preferably read this whole long story. The legal and neighborly opinions.
I am pretty curious of how many think that I should just risk him damaging my fence by leaning against it over time and be prepared to take a loss of $2,000 because it is hard to prove that an obese person pushing against a fence every week for half an hour actually weakened it over time. And I am also curious to know how many think I should chance making an agreement with them to maintain their property after they have done so much crap to me, including getting pissed that I did something we agreed to and was for their sole benefit.