Another What would you do question?

DannyW

Senior Member
Just want to get other input on a neighbor issue.

Neighbor moved in next door about two years ago. Single black women about our age. Right after moving in she asked us, nicely, to take down two big Leyland Cypress trees that were about 3 feet from the property line and hanging 3-4 feet over the fence on her side. We told her, nicely, that we didn’t want to cut them down but she could trim them up to the property line. She countered with an offer to hire and pay someone to take them down.

These trees provided a nice privacy barrier for our deck but in the spirit of getting off on the right foot with a new neighbor, we gave our permission.

The lots on our side of the street all slope side to side downhill. Runoff from several houses above me run through my backyard and then the neighbor's. This runoff was literally washing away my backyard, no grass, nothing but a layer of clay was left. So in 2014 I had a drainage system put in and new sod laid. The drainage exits my lot about 6 feet from the property line and runs through a rock field before going under my fence and into her backyard.

She made several remarks over the last year that implied that I should do something about it. I took no action, what could I do? Rainwater runoff is a common enemy among neighbors and it cannot be stopped, only controlled. I spent a lot of money to control it and discharge it gently to her side over a 30 sq foot rock field.

In July I came home from a week’s vacation to find this:

Rocks1.jpg

And this:

Rocks.jpg

The first rock field is between her driveway and my lot,and extends three feet onto my property (the fence going between the two properties is mine). The line of rocks in the second picture are about 30 feet long and centers my discharge rock field on the other side of the fence. The obvious intent is to create a dam, and after a heavy rain it creates a small pond on my side of the fence. After about 5 minutes though, water will find a way and it drains onto her property anyway.

I immediately went to talk with her. I politely but firmly told her that she could not pile rocks three feet into my yard, and that she could not pile rocks and concrete stepping blocks against my fence. I also told her that I couldn't stop rain runoff any more than she could and if it's bothering her that badly she should put in a drainage system.

Well the next week she removed the rocks beside the driveway and on my property, and replaced the sod. But 6 months later the rocks against the fence remain. She obviously does not intend to move them.

I have already done the 'go talk to her thing', what's my next step? If I move them myself, the concrete slabs are the main worry, I'll be trespassing. Our neighborhood has a very strict set of covenants, should I let the HSA handle it? Do I need to send her a registered letter? Hire a lawyer?

If I do nothing, the fence boards are going to root at the bottom.

Anyone have a creative solution? TIA...
 

snookdoctor

Senior Member
She sounds like a decent sort, repairing your yard back to how you had it. And she should have, because you can do whatever you want on your side of your fence.

Unfortunately for you, she can also control her side of the fence however she wants.

Sounds like she has you in checkmate.
 

NE GA Pappy

Mr. Pappy
Just want to get other input on a neighbor issue.

Neighbor moved in next door about two years ago. Single black women about our age. Right after moving in she asked us, nicely, to take down two big Leyland Cypress trees that were about 3 feet from the property line and hanging 3-4 feet over the fence on her side. We told her, nicely, that we didn’t want to cut them down but she could trim them up to the property line. She countered with an offer to hire and pay someone to take them down.

These trees provided a nice privacy barrier for our deck but in the spirit of getting off on the right foot with a new neighbor, we gave our permission.

The lots on our side of the street all slope side to side downhill. Runoff from several houses above me run through my backyard and then the neighbor's. This runoff was literally washing away my backyard, no grass, nothing but a layer of clay was left. So in 2014 I had a drainage system put in and new sod laid. The drainage exits my lot about 6 feet from the property line and runs through a rock field before going under my fence and into her backyard.

She made several remarks over the last year that implied that I should do something about it. I took no action, what could I do? Rainwater runoff is a common enemy among neighbors and it cannot be stopped, only controlled. I spent a lot of money to control it and discharge it gently to her side over a 30 sq foot rock field.

In July I came home from a week’s vacation to find this:

View attachment 1122602

And this:

View attachment 1122603

The first rock field is between her driveway and my lot,and extends three feet onto my property (the fence going between the two properties is mine). The line of rocks in the second picture are about 30 feet long and centers my discharge rock field on the other side of the fence. The obvious intent is to create a dam, and after a heavy rain it creates a small pond on my side of the fence. After about 5 minutes though, water will find a way and it drains onto her property anyway.

I immediately went to talk with her. I politely but firmly told her that she could not pile rocks three feet into my yard, and that she could not pile rocks and concrete stepping blocks against my fence. I also told her that I couldn't stop rain runoff any more than she could and if it's bothering her that badly she should put in a drainage system.

Well the next week she removed the rocks beside the driveway and on my property, and replaced the sod. But 6 months later the rocks against the fence remain. She obviously does not intend to move them.

I have already done the 'go talk to her thing', what's my next step? If I move them myself, the concrete slabs are the main worry, I'll be trespassing. Our neighborhood has a very strict set of covenants, should I let the HSA handle it? Do I need to send her a registered letter? Hire a lawyer?

If I do nothing, the fence boards are going to root at the bottom.

Anyone have a creative solution? TIA...

if the fence is on your property, then I would talk with her once more about moving them, and then mail her a registered letter giving her XX days to get it done. If it wasn't done then, I would have an attorney write her a letter.

I would hope that would get her attention, and she would fix the situation.
 

DannyW

Senior Member
She sounds like a decent sort, repairing your yard back to how you had it. And she should have, because you can do whatever you want on your side of your fence.

Unfortunately for you, she can also control her side of the fence however she wants.

Sounds like she has you in checkmate.

Agreed, but can she pile rocks against my fence? With them physically against my fence it's just a matter of time before her actions destroy my property.

I dunno...just wonder if anyone has a solution before I have to get others involved.

What's really ironic is the neighbors before her THANKED me for putting in the drainage system because my yard was washing into their yard.
 

Resica

Senior Member
Agreed, but can she pile rocks against my fence? With them physically against my fence it's just a matter of time before her actions destroy my property.

I dunno...just wonder if anyone has a solution before I have to get others involved.

What's really ironic is the neighbors before her THANKED me for putting in the drainage system because my yard was washing into their yard.
I wouldn't think so. Code enforcement officer?
 

Spotlite

Resident Homesteader
If there are strict rules concerning trespassing, then by all means go for it against her piling rocks on your fence.

Sounds like it’s time to get your HSA involved since you’ve went out of your way be neighborly with her.
 

NCHillbilly

Administrator
Staff member
I don't know if there is a good answer. Looks like confrontation either way. I am just so glad that I live 1/4 mile away from my nearest neighbor.
 

snookdoctor

Senior Member
Agreed, but can she pile rocks against my fence? With them physically against my fence it's just a matter of time before her actions destroy my property.

I dunno...just wonder if anyone has a solution before I have to get others involved.

What's really ironic is the neighbors before her THANKED me for putting in the drainage system because my yard was washing into their yard.

Maybe the stones leaning against your fence may have recourse. She could build a short concrete block wall just on her property that would have the same effect on the runoff. It sounds like you are both fighting issues. Maybe you can put your heads together and find a solution. French drain on one side or the other of the fence to a collection area that pumps it on down the line?
 

Whitefeather

Management Material
Just want to get other input on a neighbor issue.

Neighbor moved in next door about two years ago. Single black women about our age. Right after moving in she asked us, nicely, to take down two big Leyland Cypress trees that were about 3 feet from the property line and hanging 3-4 feet over the fence on her side. We told her, nicely, that we didn’t want to cut them down but she could trim them up to the property line. She countered with an offer to hire and pay someone to take them down.

These trees provided a nice privacy barrier for our deck but in the spirit of getting off on the right foot with a new neighbor, we gave our permission.

The lots on our side of the street all slope side to side downhill. Runoff from several houses above me run through my backyard and then the neighbor's. This runoff was literally washing away my backyard, no grass, nothing but a layer of clay was left. So in 2014 I had a drainage system put in and new sod laid. The drainage exits my lot about 6 feet from the property line and runs through a rock field before going under my fence and into her backyard.

She made several remarks over the last year that implied that I should do something about it. I took no action, what could I do? Rainwater runoff is a common enemy among neighbors and it cannot be stopped, only controlled. I spent a lot of money to control it and discharge it gently to her side over a 30 sq foot rock field.

In July I came home from a week’s vacation to find this:

View attachment 1122602

And this:

View attachment 1122603

The first rock field is between her driveway and my lot,and extends three feet onto my property (the fence going between the two properties is mine). The line of rocks in the second picture are about 30 feet long and centers my discharge rock field on the other side of the fence. The obvious intent is to create a dam, and after a heavy rain it creates a small pond on my side of the fence. After about 5 minutes though, water will find a way and it drains onto her property anyway.

I immediately went to talk with her. I politely but firmly told her that she could not pile rocks three feet into my yard, and that she could not pile rocks and concrete stepping blocks against my fence. I also told her that I couldn't stop rain runoff any more than she could and if it's bothering her that badly she should put in a drainage system.

Well the next week she removed the rocks beside the driveway and on my property, and replaced the sod. But 6 months later the rocks against the fence remain. She obviously does not intend to move them.

I have already done the 'go talk to her thing', what's my next step? If I move them myself, the concrete slabs are the main worry, I'll be trespassing. Our neighborhood has a very strict set of covenants, should I let the HSA handle it? Do I need to send her a registered letter? Hire a lawyer?

If I do nothing, the fence boards are going to root at the bottom.

Anyone have a creative solution? TIA...

If she’s damaging your fence then that’s grounds for a lawyer. Seems like you are trying to be a good neighbor but unfortunately your neighbor isn’t. Ignorance and lack of common sense on her part is going to continue because she doesn’t understand how water flows downhill and there’s nothing that can be done. If it were me, I’d be taking advantage of the seller’s market and move on.
 

LTZ25

Senior Member
Trim the trees , and be happy you have a neighbor that likes to keep up her place . I bought rocks will hurt a wood fence any faster than weather . Hope things work out for y'all and you become good friends .
 
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JustUs4All

Slow Mod
Staff member
Water drainage can be a problem. Legally, you can not artificially change the water flow over your property in a way that damages hers and likewise she can not dam up water so that it damages your property. The problem is that only the courts can decide the legality of either course and getting that decision from a court is expensive.

If the fence is yours it should have been constructed completely on your side of the property line. You need to know how far the fence is inside the line. If her concrete blocks are on your property you can reach over the fence with a tool like a post hole digger and pick them up and stack them on your side.
 

Hillbilly stalker

Senior Member
County ordinances need to be read. In our county a fence has to be 12 inches off the line. If it is ON the line, it belongs to both parties and they can do what they want to it ie; pile rocks against it. Best to work together to resolve the issue as best you can. A ticked off neighbor can make life miserable.
 

dwhee87

GON Political Forum Scientific Studies Poster
Maybe the stones leaning against your fence may have recourse. She could build a short concrete block wall just on her property that would have the same effect on the runoff. It sounds like you are both fighting issues. Maybe you can put your heads together and find a solution. French drain on one side or the other of the fence to a collection area that pumps it on down the line?
Good advice...ask her to sit down and look at the entire drainage problem with you, your yard and hers, and help her come up with a solution. She's clearly willing to spend some money (tree cutting, rocks, etc.) to try to maintain her property. Maybe you two can solve the bigger problem with two heads.
 

jiminbogart

TCU Go Frawgs !
The first rock field is between her driveway and my lot,and extends three feet onto my property (the fence going between the two properties is mine).
Do you own 3' on her side of the fence or is the fence directly on the line?
 

DannyW

Senior Member
Great question...been through two surveys and there has never been a question. From me or the other owners.

I have always assumed it's on the property line....but couldn't swear to it.
 

NE GA Pappy

Mr. Pappy
if it is on the line, you are OL. She owns it just as much as you do
 
Last edited by a moderator:

treemanjohn

Banned
Trim the trees , and be happy you have a neighbor that likes to keep up her place . I bought rocks will hurt a wood fence any faster than weather . Hope things work out for y'all and you become good friends .
There's your answer. Dont be a wimp and call code enforcement just hash it out. She has the right to trim the limbs hanging over her property. Dirt is what hurts fences
 
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