Wood rack too close to fence?

[Bezalel]

I live in a northern California city, and the closest I can get to a "country" feel is to have a wood burning stove and a backyard full of firewood. Last year was my first. My gas & electric bills went from around $200-$250 down to about $70. Wood is not cheap around here, but I still save a lot of money.

This year I started early and built a couple of decent fire-racks (see picture below). My neighbor heard me stacking wood and used a ladder to peek over the fence. He then complained that I positioned my rack too close to the fence and said that he could "sue" me for it. Now some pieces of firewood do touch the fence, but there's absolutely no force pushing or pulling on the fence. He said he had a real estate license and knew the law. I said "yeah, right, but I have check with my online community first" So ... do you think he has a case against me?

 

[BrotherBart]

As I understand it California has a "common fence" law, as do many states and localities. Under these type of laws, and/or homeowner association rules, both parties share the cost of the fence and therefore both have an undivided joint interest in the fence. If the wood is touching the fence he then does have a cause of action because of his ownership interest in the fence. If you pull the pieces that are touching the fence back a little it should take care of it. He could still say there is a danger of the stack falling and damaging the fence, but it would be a real stretch to try to get a judge to listen to that argument.

Years ago when I had my first house built is was in an area that had a common fence law. I had the fence company come in before my neighbor's houses were finished and build the fences one foot inside my property lines. I then paid the total cost so that I owned the fences on all sides to avoid the kind of crap you are up against.

I am not a lawyer so my musings should not be taken as a legal opinion.

 

[bruce56bb]

bez, if all of your neighbors are like this i would consider moving. whats wrong with"hey neighbor,you need help stacking that wood".

 

[yukiginger]

Looks like a nice fence. I think that it is bad form to have your wood touching his fence. Are you sure of the property line? You might also want to check local code. My locality has code concerning the height of fences and the required setback based on height. His fence looks pretty high, so you might want to check into it just so you have something in your back pocket. You might also find that code regulates a woodpile near the line also.

MarkG

 

[Sundeep Arole]

Hi Bez - a bit in hijack territory, but do you have plans for that rack you could share?

 

[BrotherBart]

You could also try this approach:

 

[HarryBack]

check your zoning laws. Here in the town I live in in MASS, no fence can be ON the property line.....if you construct a fence, it has to be 2' from the line, on your side, and the best side must face AWAY from your place....so, that situation here, is irrelevant.....your wood touches your fence.

 

[saichele]

unless of course the fence is 1 or 2 feet inside his line, in which case you've just been mowing some of his lawn for free for a long time.

Locally, a fence that tall would ahve to be set back at least 2ft from the line.

Steve

 

[Bezalel]

Thanks for all your inputs. That fence is fairly new. My neighbor and I split the cost 2 years ago to replace the old fence, and it's supposed to sit right on the property line, but I have no way of verifying it. There's always been a fence there when we moved in. I could make sure that no wood touch the fence next time, but right now I'm not about to pull them all out for restack. There're only about 10-15 pieces that "touches" the fence.


HotFlame: I don't have a drawing, but I have some finer picture I can email you if you like.

BrotherBart: that's a hilarious picture LOL

 

[Harley]

Hi, Bez.

I'm not an attorney (but I do play one on TV :cheese: ) Of course - really kidding about that, but, First of all - I think I would check into the local zoning, or whatevever homeowner association regs you may be subject to as BrotherBart said before. Then, at least you would know whether or not you may have to move the stack at some point in time.

If your neighbor had to climb a ladder to see what you were doing there (is he Wilson's evil twin from Tool Time?) my guess is that he is just looking for something to groan about. As far as being a R/E agent, and supposedly knowing "the law", and threatening suit - If it were me, I'd be willing to take a day off to go to court even without an attorney - common sense would say he has no damages, so I cannot even think of why there could possibly be an award - maybe the Judge decides you to move the wood.

Can he "sue" you for the stack of wood there?.... ABSOLUTELY. Could I "sue" you for posting this question here? YUP - same answer. Could you "sue" me for posting this reply? YUP. Could you "sue" me for global warming? - YUP - same answer (but that REALLY is not my fault ) The point is, the threat of a suit from someone (just assuming a busy-body neighbor - attorney wannabe) is somewhat meaningless.

And if worse comes to worse - I like BrotherBart's hedge idea

 

[wg_bent]

Personally, any neighbor who says that to me I'd tell them to **** off. Move the peices touching the fence and tell him to **** off again. Sheesh, what a jerk

I'd find some Pig crap and toss it over the fence every now and again (at night of course).

 

[fbelec]

i like brotherbarts and warrens idea. just what everybody needs someone to tell you what to do in your own yard. why can't people mind their own biz. if your rack falls over and distroys the fence then you fix it. otherwise that guy should mind his own biz.

 

[begreen]

Sounds like an empty threat from a real jerk. Even if the neighbor did "have a case", the likelihood of hiring an attorney for resolving such a trivial issue is small. He'd have to prove damages first. Considering that you are half-owner in the fence, I don't think he has a leg to stand on. Just tell him that the wood is only touching your half of the fence and when the woodpile is gone, put a back board on it to protect the fence. Or just stack it with some air between it and the fence next time.

Another thought is to beautify your rack by placing a wooden sculpture on top of it. I've attached an image for a template.

 

[kd460]

If your half owner of the fence, then the wood is touching your half! I agree with others, what are the damages? I don't see any cause for suit, as he has to prove damages. Let him make the next move. Wait till your stack is used up, then restack it without touching the fence of use some type of spacer boards to prevent it from touching next time. I would not waste my time with this jag off by restacking what is their already.

If he continues to moan, then tell him you will take care of it when you restack. From those pics you provided, it looks like his tree is touching the fence as well? Hmm.. KD

 

[VT-Woodburner]

I think every neighborhood has a Mr McNasty like that! Tell him the fence is half yours. And if the fence is damaged by the wood, you'll fix it.

 

[Eric Johnson]

Can't we all just get along?

 

[Gidean]

If the guy just pops his head over the fence and threatens to sue you, then I pity you for having such a miserable neighbor.

Harley is correct - the best he could hope for is an injunction to enjoin you from placing your wood on the co-owned fence. There are no damages, as far as I can tell.

Better yet, why not just find another place for the wood?

In situations like this, I love playing the nice guy role. I'd ask the neighbor where he thought I should put the wood, and then I'd move it there if I could.

 

[keyman512us]

So much for a good fence making a great neighbor.
I would check with the local regs. first. If the both of you put the fence up...the both of you own the fence. He was Mr. Nice guy when he needed access to your backyard? I would enlighten him and his attitude with "Gee...I hope you never need to do maint. on this side of the fence, cuz if you step foot on my property I think I might have to sue you..."
Depends on your position & outlook in life....and how much he pibst you off. You could make that wood rack real sexy with some lattice work on top,sides, and a couple of pieces as a spacer between your wood and the fence. Or you could get drunk some Saturday night, say to yourself "don't like my wood up against your fence ehh? i'll take care of it.." toss some lighter fluid on the wood pile, strike a match and walk away.
Thankfully, I prolly would never have to deal with such rude neighbors...because they know how I am. I'll let you be the judge of how I would handle it...(lol)

"...Live and let live...Anyone who can't handle that...take them out back and shoot em' in the back of the head..." (lol)

 

[restorer]

I think every neighborhood has a Mr McNasty like that! Tell him the fence is half yours. And if the fence is damaged by the wood, you'll fix it.

I'm with you. On a bright sunny day, when you know he's home, get your very professional looking friend to take extreme steps to photograph the fence. Make sure he's taking notes and gets good pictures including chalk strings down the length and plumb lines. Get an extra tall ladder and make sure you get extra shots of both sides of the fence. Pay particular attention to anything leaning or intruding on the otherside of the fence. Particularly anything planted near or against the fence. Ask that for friend if asked what he's doing to tell the neighbor it's a legal matter and he's not at liberty to discuss it. Take some videos of everything and make sure they are dated. Do close-ups of the touching pieces, and any other issues. At the end of the day have a nice BBQ with your friend.

If your neighbor is a real putts, he'll want to know what you are doing. Tell him you are protecting your rights. Let him know that he is subject to an ethics code and a threat and further frivolous legal action could cost him his real estate license, should you choose to pursue the matter. Make it very clear you are not interested in damaging your interest in the common property, but that you are not going to let his threats go un-answered.

Some people have the little man complex. Need to throw their weight around to prove their worth. If you back of here, he may imply that your wood stacks are a public nuisance and demand they be removed. By holding your line with good documentation you are ready for his court.

I just went through the threats and intimidation by a "new owner" of the property next to mine. I have since learned that he is the son of a Presidential candidate. He came prepared, but had twisted the codes all one way. He had issues with allowing me access, I was grandfathered by the fact my building represented the original structure from which his was built and sub divided. He wanted to close a public access, deeded and recorded. Wanted to obstruct the utility right of way with a structure...... Thought he could because he was a real estate developer and I was a crummy woodworker, what did I know? Well, I think the deal tanked much to the delight of my neighbor who really didn't like the deal his dad had made.

Fact is, know your rights and don't let the bullies win

 

[mtarbert]

A Real Estate agent trying to do his own legal work is like a second lietenant with a compass....

 

[slowzuki]

He must have been joking right? or is there a back story to this...

 

[elkimmeg]

Boy do I hate these complaints neighbors fighting. As also the zoning official we get these complaints all the time about a fence of shed encroaching property lines.

Bleieve me I do not want to be a pawn in a neighbor's spat. So what I do is require the complaint be put in writting the anonous phone call does not cut it. Second since I'm not an engineer I require the complainer to provide me an engineered stamped plot plat clearly defining the lot line and the said location of the fense or shed. Usually this in the end of it as the neighbor finds out a certified plot plan cost about $1500. The onus of proof is up to the complainer to provide. I can not act on what he says. He has to prove it beyond a doubt. IT a lot line infringement is infact proven then I have to demand removal or relocation plus another revised plot plan to prove it.

The next comment usually is oh you mean you are not comming out today and have his fence removed ? We actually issue fence permits. All fences have to be on the property of the person installing them and that enough spce with in his property to mantain it. So that he does not have to enter on another property. This avoids situations like this post.

I hate being the fence policeman

 

[rudysmallfry]

Sorry your neighbor is such a jerk. If you do end up moving the pile, be sure to plant some nice tall, leggy bushes there so he has to maintain them from his side of the fence each season. It'll make him really miss the wood.

My neighbor has an old, rusty flopped over chain link fence on our property line. The only thing holding the damn thing up is my wood pile. My town doesn't have any laws pertaining to fences, so there's not a damn thing I can do about it. They've been telling me it'll be fixed soon since I moved in...3 years ago. You can reason with unreasonable people. Think I'll try brotherbart's hedge.

 

[drizler]

You gotta love neighbors like that don't you. Climbing around just so he can keep an eye on you and I bet he thinks he is doing even you a favor. What you need for a guy like that is a nice big manure pile parked close and upwind. Glad I can't even see my neighbors. I have to agree that telling the jerk off would be the best thing and make you feel better too. After all anal assholes like that won't be any more or any less a thorn in your side whether you are nice to them or not. You have nothin to lose and after all who would want a nit picking chit like that lurking around your property anyways. A guy like that would probably sue you if he got drunk and tripped over the curb and fell into your mailbox. No neighbors are the best neighbors.

 

[mtarbert]

Ahh....come on.....just throw a hand full of rock salt over the fence whenever you think of it
Mike