Jim Valentine on Real Estate
There is an old saying, “Good fences make good neighbors!” However it takes more than a fence delineating your property line and keeping things on the right property to make a good neighbor. Neighbors can have a huge effect on your quality of life and enjoyment of your property.
Starting with the fence. Fences get old and need repair or replacing. Sometimes they get damaged by weather, kids playing, or a teenage driver stepping on the gas instead of the brake. Who pays for the replacement/repair? Is it an insurance matter? For one or both? It can be situational depending on the circumstances.
We know of one situation where a neighbor took a 70-year-old short brick fence and topped it with a wood fence for privacy. Thirty years later the wood fence was crumbling and the person that built the fence wanted the cost shared to replace it. The problem was that the other property owner didn’t want or approve of the original modification to begin with and certainly wasn’t going to participate in the cost.
Fence locations are usually accepted where they are, but a new owner may look closely at what they purchased. We know of two recent situations where surveys showed the fences to be off 15 feet and 20 feet respectively. Even if it is only at one end of the fence run, when you consider how much property is involved the amount of land lost is substantial. Don’t blame the new neighbor for setting things straight. You had years of enjoyment of the land that really wasn’t yours. Usually, the new owner pays for the moving of the fence, but it isn’t out of the question that the parties share it as it is for their mutual benefit.
When your fruit tree goes over on the neighbor’s property it seems logical that they can take the fruit on their side. The tree is legally on one property, but you really can’t trespass to pick fruit so you might as well share. At least that seems like the neighborly thing to do to us. When it comes to trimming trees that hang over on the neighbors it can get dicey. It helps to get along with your neighbor so both parties are pleased with the results.
Old habits aren’t always easy to break. Some properties were designed such that one owner goes over the corner of the neighbor’s property to get to theirs. We’ve seen whole driveways on the neighbor property rather than using the actual access off the road. This can cause a bit of strife with a new neighbor that wants to use his property to its fullest extent. Be ready for that and don’t negatively judge the new neighbor for wanting what is rightfully his regardless of how long you were using that land.
Some neighbors think that the public parking in the street belongs to them. That just isn’t true, it’s for everybody, but it is common courtesy to leave it vacant if you can. If, however, you have teenage drivers and you can’t park all of your cars in the garage, driveway and in front of your house, you are going to use the convenient on-street parking. If you are the neighbor thinking you are being deprived of something keep in mind that if they are old enough to drive, they will be leaving home soon. Wait it out and get along.
Ideally you will just get along with your neighbor, but if that doesn’t work out understand that your decisions may be affected or confirmed by county code, CC&Rs, and HOA guidelines depending on where your property is located. There are few things better than a good neighbor.
They become a part of the family. You watch each other’s kids grow up, or maybe the older folks next door become surrogate grandparents to your children. Life is great with a good neighbor. They are respectful, trustworthy, tidy, and peaceful and they respect the privacy of others. Do your part and empower them to do theirs.
Protect and cooperate with one another. Help one another during times of surgery, inclement weather, and other times of need. Care for one another without intrusion. Your great neighbor will actually add value to your home!
When it comes to choosing professionals to assist you with your Real Estate needs… Experience is Priceless! Jim Valentine, RE/MAX Realty Affiliates, 775-781-3704. dpwtigers@hotmail.com.