Fence around tree

[Fernando]

It's an issue because by putting fence few feet inside subject's lot, technically, subject is giving up the precious small square footage to neighboring property.
If I was the neighboring property and I was appraising that house, I wouldn't mention the situation because the neighboring property has more to gain.
However, subject's lost is adverse and lender should decide what they want to do.
If they have no problem, then they can do the loan. If they do have a problem, then lender decides what to do.
As an appraiser, I'm the eyes and ears for the lender unlike Zillow.

 

[andrew81]

The site size is the same with or without the fence.

Here is one I completed recently. The subject site is 1.30 acres with a chain link fence only 30 feet behind the home. The site is still 1.30 acres.

 

[Fernando]

In CA if you give up your land in not using it, it will be an adverse easement for adjacent property to claim to be able to use.
Yes you still own the lot and pay the property tax but its for the enjoyment for the neighbor.
In the past, lender would require an agreement between the two property owners that property still belongs to subject owner.

 

[andrew81]

In CA if you give up your land in not using it, it will be an adverse easement for adjacent property to claim to be able to use.
Yes you still own the lot and pay the property tax but its for the enjoyment for the neighbor.
In the past, lender would require an agreement between the two property owners that property still belongs to subject owner.

I am no expert in boundary disputes. This article says otherwise.

Neighbors, Fences and Boundaries | Wagenseller Law Firm

Boundary disputes between neighbors are one of the more common reasons for real estate litigation. contact us at (213) 286-0371.

wagensellerlaw.com

In my example there is a public road to the north and east, and agricultural land to the south and west.
If I understand you correctly, because the fence is not on the property line, the agricultural land owner can claim the yard and use it to grow crops.

Is this interpretation correct?

 

[Fernando]

Years ago I went through a lawsuit where neighbor had a fence in his rear yard allowing him to go across my store's parking lot to main commercial street as a shortcut.
He claimed he'd been doing that for at least 5 years & I didn't say anything (I didn't know) so he has an adverse easement to go across. Eventually we settle (after thousands of dollars in attorney's fee) allowing him to use it but once he sells his property, the easement no longer exists. Since then he sold his property.
My point is that if one allows adjacent neighbor any useage of your property, he can claim a right to it.

 

[Dublin ohio]

Sounds like the tree is on the property line. Hope you addressed that

 

[Fernando]

Sounds like the tree is on the property line. Hope you addressed that

You know what. I believed subject had an opening gate in the rear fence to go down that 3 feet portion.
Ingenius. Fenced moved back but owner has a fence gate so one can argue that owner still has useage of small portion behind fence.
Should I address this in report or just forget it.

 

[ZZGAMAZZ]

Years ago I went through a lawsuit where neighbor had a fence in his rear yard allowing him to go across my store's parking lot to main commercial street as a shortcut.
He claimed he'd been doing that for at least 5 years & I didn't say anything (I didn't know) so he has an adverse easement to go across. Eventually we settle (after thousands of dollars in attorney's fee) allowing him to use it but once he sells his property, the easement no longer exists. Since then he sold his property.
My point is that if one allows adjacent neighbor any useage of your property, he can claim a right to it.

I recently appraised a 1-story side-by-side attached duplex in Hesperia, CA. The rear of the lot was divided in half by a chain link fence. A stucco wall parallel with the front door of one of the units had been extended to the property line, so the occupants of that unit could not access the rear of the lot without going through an adjacent parcel, which was impossible because of another chain link fence between the two parcels. Seems that I described it as a functional issue with a nominal C2C to remove that section of the wall.

 

[Mark K]

I hate it when I have to fence off my trees to keep them from wandering away...

It never ceases to amaze me how much $$ is spent by farmers to fence in their corn fields. It seems to work; you never see corn stalks wandering down the roads trying to escape.

Come to think of it, the $$ probably comes from some AG welfare program so it costs the farmer nothing.

 

[Terrel L. Shields]

the $$ probably comes from some AG welfare program so it costs the farmer nothing.

I've never heard of anyone being paid to build a fence.