Darn it. Made a big mistake when we built our garden last year.

[StephandOwen]

We have a fairly small backyard. And it slopes. And it's just awkward. Our neighbor on one side has a fence that is even with his house (so his property technically extends 3 feet from where his fence really is). This has never really been an issue. We mow up to the fence because it would be silly to leave a 3 foot strip by the fence until the neighbor mowed, you know? We get along well with that neighbor.

So last summer we decided to build a garden (took up the sod, built a raised box, filled with good soil). We talked to the neighbor and he didn't plan on moving anytime soon and didn't care if we built it on his property (which was basically the only good spot for the garden to go because of how our yard is). So half of our garden is on his property, half is on ours.

STUPID STUPID STUPID!

He's moving. He and his new wife plan on moving this summer (June or July, I can't remember). I talked to him yesterday and he said they got an offer on the house, but the person was really questioning the property line We were really hoping someone would move in who really didn't care. It's not like they can do anything with that strip of property, unless they want to move their fence (but they can only move their fence 2 feet so that hardly seems worth it with as much as that would cost).

So, the problem is, we may have to move our garden. Which is a lot of work that we really don't have the time to do. I already have some carrots and onions planted. Should we just wait it out and hope whomever buys the house doesn't care about the garden? Should I just continue with my plan to continue planting in it? Should we suck it up and move the garden a few feet before planting the rest of my garden? That would suck if we go through all the trouble to move it and then the new owners don't care!

ARGH!

[Maluhia]

I'd go over there when the new people move in and point out that you did not hear until after planting about the sale and that you had a verbal agreement. Ask if they'd be willing to wait until the end of this growing season to move the fence so that you can get the most veggies. Oh, and of course take them a garden gift at some point.

[Chamomile Girl]

I would wait. This new person is going to be your neighbor afterall, so you're going to have to play nice with them anyway. One would hope they would not get their panties up about two measley feet.

If you are the one that opens the conversation honestly (and offer them produce) maybe it will all work out.

ETA: Great minds!

[mattemma04]

I would wait and then move the garden at the end of the season. The 3 feet is needed if that is a wooden fence that would need painting,and so it would be best to not put anything in the way.

This was my concern when we installed a fence.I prefered a wood one,but with flooding and set back we opted for chainlink placed right inside the property line. I did not want to pay for land only my neighbor could use.

Some people have a hissy fit over an inch or 2.Maybe your new neighbors will do a property line survey and find out they are encroaching.Lol,you never really know until you have a professional mark it out....and even then there are sometimes mistakes.

Enjoy your garden till you have to move it!

[StephandOwen]

Originally Posted by mattemma04

Maybe your new neighbors will do a property line survey and find out they are encroaching.Lol,you never really know until you have a professional mark it out....and even then there are sometimes mistakes.

We did. When we were considering having a fence built (we have a fence on one side because of that neighbor and we have a fence partway through the backyard because of another neighbor but we wanted to fence the rest in) we had the property line marked. They placed some red thingy in the ground to make the line, which is still there so it's easy to see where our property ends.

[Irishmommy]

I think that's odd. Here we don't have set backs for backyard fences with other neighbours. Generally both neighbours agree to the fence, so it goes exactly over the property line (so half the fence is on each property, fences are usually wooden and 4 inches deep). If only one wants the fence, it goes right beside the property line, no set back.

I'm sorry this may be an issue, but I agree with waiting to see what the new people do. If they don't do anything, don't they effectively give up that 3 feet which becomes yours? (Which is why I don't understand the setback thing).

[StephandOwen]

Originally Posted by Irishmommy

Generally both neighbours agree to the fence, so it goes exactly over the property line (so half the fence is on each property, fences are usually wooden and 4 inches deep). If only one wants the fence, it goes right beside the property line, no set back.

Well, the current neighbor is not the one who built the fence. The person who bought the house when it was built, built the fence. I think she had it built the way it is because it was cheaper (instead of having a section of fence that goes from the back of the house out 3 feet and then down the length of the property it just goes down the length of the property and hits the back of the house. Does that make sense?). So neither dp (who bought this house when it was built) or our current neighbor had anything to do with the placement of the fence. When the current neighbor bought the house he didn't know about, or care about, the property line. It's all just a messed up situation.

[DirtRoadMama]

I'd say the potential buyer is concerned about you claiming an encroachment, adverse possession, or something to that effect.

I agree to proceed with your current verbal agreement with the current owner, and when the new owner moves in, have a friendly chat with them about it. If they want the garden off of their property, hopefully they will let you wait until the end of the season.

Then again, if you are really worried about it, you could go ahead and extend your garden by four feet in the other direction, and just be done with it.

[AllyRae]

Originally Posted by StephandOwen

Well, the current neighbor is not the one who built the fence. The person who bought the house when it was built, built the fence. I think she had it built the way it is because it was cheaper (instead of having a section of fence that goes from the back of the house out 3 feet and then down the length of the property it just goes down the length of the property and hits the back of the house. Does that make sense?). So neither dp (who bought this house when it was built) or our current neighbor had anything to do with the placement of the fence. When the current neighbor bought the house he didn't know about, or care about, the property line. It's all just a messed up situation.

It's actually required around here to put it 3' in so that you can maintain your own fence (paint/stain it, mow around it) without having to walk on another person's property. So, that might be it... But it's also known around here that you don't bump things up against fences because fences typically aren't on the line...but that might be pretty regional.

[Irishmommy]

Originally Posted by AllyRae

It's actually required around here to put it 3' in so that you can maintain your own fence (paint/stain it, mow around it) without having to walk on another person's property. So, that might be it... But it's also known around here that you don't bump things up against fences because fences typically aren't on the line...but that might be pretty regional.

So your neighbour builds a fence you don't want, but it's 3 feet inside his line, so it's fine. Then you decide you do want a fence, so you put one 3 feet inside your line? That makes no sense.

Here, the fence goes on the property line, as a joint project (so if I is the property line, it goes xxIxx). If only one person wants the fence, it's build xxxxI. But both neighbours have to pay half - but half of the cheapest type, not half of what's built, if one neighbour doesn't want it.

That's for propertys in a row, corner lots are different, and do have a set back.

[lightheart]

It may not just be the "new buyer" that questions the property line, it may be the bank doing the lending to them. If there are questions regarding property bounderies banks will sometimes not lend, or it causes difficulties in their lending requiring additional survey work.

If I was you I would plan on moving your garden now before the current owner sells... worse case might be that the new-future owner will just take that part of your garden and do with it what he wants.... (in all honesty they would have every right to do take it, it is on that property) they could take the part that is on their land and rip it up if they felt like it. That would certainly cause hard feelings between neighbors from the get go which would make living there not so fun, better to get off on the right foot with anyone living next door.

I know it will be a lot of work moving your garden. The onions, if you planted sets or plants should transplant ok, the carrots are probably a loss unless they are up and then transplanting may or may not be successful. You will get the good soil though that you put into the beds and use the sides somewhere else.

If it turns out that the new folks are ok with you using the land then I'd think about putting in beds that are not attached to your own and not to plant expensive/long term things like berries or asparagus there, stick to the annuals and plant directly in the soil. These next folks may be nice but the ones after them or the ones after them may not.

[AllyRae]

Originally Posted by Irishmommy

So your neighbour builds a fence you don't want, but it's 3 feet inside his line, so it's fine. Then you decide you do want a fence, so you put one 3 feet inside your line? That makes no sense.

That's exactly it. I mean some people do have joint fences with their neighbors, but in general, we are told to put it inside the property line. There are some subdivisions around here that *require* it. It doesn't make sense, but it's what is required sometimes around here...