Owners are claiming that water is seeping through the fence creating rust and that we have to fix it. True?
2 years ago my neighbors put in a concrete fence. There was a wood fence there. I did not pay for any part of the new fence b/c they needed to pull down the old fence to put a pool in. The new fence is actually encroaching on our property line, but that never bothered me. Then they sold the house.
The new owners are now claiming that water is seeping through the wall creating rust and that we have to fix it. They have lived in the house for over 1 year. They seem to think b/c the fence is ‘theirs and theirs alone’ that we have to fix the problem.
It would seem very hard to prove that our sprinkler system is causing rust on their side of the fence.
Do they really have any kind of case?
Answers:
Dear DG:
What you did not mention in your question is where are you located. In some states (CA) it is required that retaining walls and or fences being constructed above a certain height have to be engineered and in most cases would require a permit that is issued by your city or county building department. It would seem to me that your new neighbor when purchasing the house assumed it as is therefore, regardless that the fence was built accordingly or not he is responsible for it. Now if you did not change in anyway the slope or drainage pattern that in effect would cause water to shed towards the concrete fence then it is reasonable to believe that your neighbor does not have a valid claim for the reason that the fence was constructed to the existing finish grade at that time. Also; you may want to do a little research yourself with the building department to learn if the pool before its construction required a permit and look to see if the concrete fence was included in the premit or if a seperate permit was taken out by the contractor. Most public records are archived by address or parcel number. If a permit was issued then it is likely that the building department signed off its approval on the premit. In conclusion the matter of encroaching on to your property you may want to suggest to your neighbor that if necessary a drainage pipe could be installed along your property line to alleviate the drainage issue but first; the concrete fence would have to be removed in order to maintain the drainage pipe a minimum of one foot off of your property line in question. It sounds to me that you are in the driver seat and not your neighbor.
PS. In the event that you find that a permit was not issued then go to your building department and explain to them what is going on and say that in most States it would require that a concrete wall could only be constructed by a licensed contractor and that you now have a concern for your safety and the safety of others meaning the wall could topple over.
Sincerely,
General Engineering Contractor - CA
they don't have a case - if it's concrete, why is it rusting? can you move your sprinklers so they spray the neighbors yard?
no.but talk to a lawyer...you can have them served with papers saying the fence is encroaching on your property. (get the assement/property titles for your house).
They have to prove that the water is seeping through the wall and it's comming from YOUR house. (it's probably a pool leak from them...)
If you have rust on a concrete fence it is coming from something in the ground that is rusting. Do you know if there was a chain link fence? Tell the other people its not your problem and have them contact the former owners to find out.
I would suggest hiring an attorney on the safe side to cover your behind.
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