Posted by sybil rowen on November 25, 2005 at 20:18:24:
I am awaiting your kind reply to boundary lines/deer fence. sybil rowen
Boundery lines - Posted by Sybil Rowen
Posted by Sybil Rowen on November 08, 2005 at 23:53:06:
Hi: My neighbour announced to me that he has lime-desease and therefore must put up a fence around the property to keep the deer out. He proceeded to mark trees with red ribbon. Upon inspection by me, a lot of the markers were several feet over on my property. When I asked him to move the markers, he charmingly explained that this deer fence is not stationary and could be moved anytime in the future. (It is indeed very light, but 72 inches high). The next morning the deer fence was up, and my protesting was of no avail. He said he thought that I verbally agreed to it. He gave me a paper signed that stated that the deer fence should in no way be construed as property lines, metes, or boundaries. It stated that the fence was attached mostly to trees with very few cedar posts. It stated that the deer fence zigzagged from tree to tree and crosses into my property in many locations especially on the hillside where trees are sparse. It stated that it is in both parties mutual interest to minimize the appearance of this fence by winding from tree to tree and to avoid the expense of a complete survey. It further stated that it was due to my kindness that I allowed the fence to cross over into my property on many locations. It stated that in recognition and EXCHANGE of this, he would allow the felling of a large oak tree that is obstructing some of my view of a lake below. It further stated, that this document is for the benefit of heirs or future owners relating to placement of deer fence put up by him. It stated that this document shall survive both parties and the ownership of the properties.
- My question is, is this fence movable (which then would not be a big issue for me), or can the new boundary by the fence he put up be construed or argued as his new property line in future if I let him keep it where it is. I just fear that there may be some motive that I am not aware of that may hurt me and my property line in the future.
If I take his offer to fell the large oak tree in exchange to benefit my view to lake could that be construed or affect me negatively in future?
I feel helpless to make him move but will if I should though that would make us enemies for may years to come. The only way out that I see now, (if need be to protect me), is to hire a surveyor again to do yet another survey of my property and mark it, and ask him to move the fence to the surveyed line. I would be very, very thankful for your informed advice. Sybil Rowen