Does anyone know?

Posted by: Yukon28

Does anyone know? - 04/12/13 08:00 AM

I have a question...please no attacks on me for what I am sure some of you will view as my stupidity...there is a house that the backyard connects to my backyard....the house has been in foreclosure for a while and the fence that previous renters put up is crashing into my backyard. They didn't put concrete in the post holes before putting it up. No one currently resides in the house. Does anyone know if I have the right to just fix the fence myself? Or do I have to contact the bank that has it? Or do I contact someone from the town? If so who? Any suggestions would be much appreciated. Please no negative or mean responses....I am just looking for someone that may know the proper way to handle this. Thank you!
Posted by: Dizzyt

Re: Does anyone know? - 04/12/13 08:05 AM

\:\) I sure hope that no-one on here would bash you for asking a question. It's pretty sad that some of us have to come on here with a legitimate question and plead to not be bashed or insulted. I'll see if there's anything I can find regarding it in the meantime. I do know that if it's a tree on a neighboring property and it's overhanging your property you can trim the branches on your side. However, I'm not sure about a fence. Again, I'll see what I can find if anything. Hope you get some nice answers to your question.
Posted by: VM Smith

Re: Does anyone know? - 04/12/13 08:10 AM

Call the bank, if you want to do any major work. But if I were you, I wouldn't worry if you just want to push anything that may be intruding onto your property back onto that property, for now.

Who knows?...if you tell the bank that it's an eyesore, a nuisance, or a hazard, etc., they might fix it...it wouldn't hurt to ask.
Posted by: seneca dad22

Re: Does anyone know? - 04/12/13 08:11 AM

If you live in SF I'd start with the Town Clerk, Nicaletta Greer.
568-8013. Good luck.
Posted by: bluezone

Re: Does anyone know? - 04/12/13 08:25 AM

Originally Posted By: Yukon28
Does anyone know if I have the right to just fix the fence myself?


in what way did you want to fix it?
Posted by: Dizzyt

Re: Does anyone know? - 04/12/13 08:55 AM

It sounded as though he might want to fix the fence and secure it in the ground the correct way with posts being set in cement. I'm not sure where you're located, but I would contact the Code Enforcement Officer and they might be able to help you out. Also, they might be able to give you the information for what bank holds the property and you can call them. I've read many things where if a foreclosure is becoming an eyesore to neighboring properties, calls to the bank will help and they will a lot of times send someone out to fix and maintain the property. Especially if many neighbors are calling them and complaining. I did also read that if it's on the property boundaries then both parties can be responsible, but usually something is signed and agreed upon with both owners. Again, I would call the Code Enforcement Office and start there. If you can't get the name of the bank and phone number from them, try calling a local Realtor, they should have all information on file for properties in the area, including foreclosed homes.

http://www.senecafalls.com/code-enforcement.php

Originally Posted By: bluezone
Originally Posted By: Yukon28
Does anyone know if I have the right to just fix the fence myself?


in what way did you want to fix it?
Posted by: teedoff27

Re: Does anyone know? - 04/12/13 08:59 AM

Contact code enforcement and they will come take a look and take it from there.
Posted by: Yukon28

Re: Does anyone know? - 04/12/13 09:40 AM

Tear it down and put it up properly, with cement in the post holes.
Posted by: Yukon28

Re: Does anyone know? - 04/12/13 09:45 AM

Yes I want to tear it down and put it back up properly...with cement in the post holes. I don't want code enforcement or the bank to come and end up tearing it completely down...as it is a nice privacy fence....
Posted by: bluezone

Re: Does anyone know? - 04/12/13 09:57 AM

Originally Posted By: Yukon28
the house has been in foreclosure for a while and the fence that previous renters put up is crashing into my backyard.



is the home in good condition?

another option that you may not have thought about would be to contact the bank to see if they want to sell the home to you

you may be able to get it for 50+% off the current market value as the bank wants it out of their books

do some minor updates and then sell the home for a profit



Posted by: I did it!

Re: Does anyone know? - 04/12/13 10:08 AM

If you do not own it,do not touch it.

What street is this on if I maay ask?
Posted by: bluezone

Re: Does anyone know? - 04/12/13 10:21 AM

Originally Posted By: Yukon28
Yes I want to tear it down and put it back up properly...with cement in the post holes.


how long is the fence (in feet)?
Posted by: bluezone

Re: Does anyone know? - 04/12/13 10:23 AM

Originally Posted By: Yukon28
I don't want code enforcement or the bank to come and end up tearing it completely down


if it is going to cost the bank more to fix then the added value to the home then the bank may just have it removed

you could put a privacy fence up on your side of the property line
Posted by: ExVillager

Re: Does anyone know? - 04/12/13 11:25 AM

If you just want it done properly, I would risk doing it without anyone knowing. I would assume that the previous occupants did not get a building permit, so calling them would not help you at all. BTW the bank doesn't care
Posted by: Yukon28

Re: Does anyone know? - 04/12/13 12:03 PM

The house is nothing I would want to invest in personally...my family actually looked into purchasing it a while ago...the inside is a disaster...caving roof...slanted floors...someone would be better off mowing it over and rebuilding! Lol!
Posted by: Yukon28

Re: Does anyone know? - 04/12/13 12:05 PM

Ya someone else told me to do that...they assumed the renters didn't get a permit to do it anyway. I just don't want to get in any trouble. Although I would be improving the property anyway...the only good selling point, if the bank ever auctions it off,is the deep backyard and privacy fence.
Posted by: Yukon28

Re: Does anyone know? - 04/12/13 12:07 PM

The fence is about 80 ft.
Posted by: Dizzyt

Re: Does anyone know? - 04/12/13 12:38 PM

http://realestate.msn.com/article.aspx?cp-documentid=15660553

What steps can neighbors take if they have a foreclosed home blighting their area?
"Contact a local real-estate agent to see if he or she can find out which bank owns the property. Foreclosure can be a long process, and until the lender actually holds title, there's little anyone can do.

"Once [the foreclosed property] is owned by the bank, start putting pressure on them. Banks don't want nasty calls from neighbors; the people who work there are human, just like anybody else. You can get several neighbors together to make calls in close sequence — it's just like calling your congressperson. Build a relationship with some specific person at the bank, somebody in the foreclosure department; have a name that everybody calls and you get to know.

"Even better, have neighbors who are customers of that lender call the foreclosure department about the condition of the property. Current customers who threaten to change banks have more leverage than noncustomers. Some banks will hire a property-management service to maintain the property once they own it. If you find out that a management company is maintaining the property, contact it directly."

What should you do if you're not getting any results by going through the bank?
"Your best bet is to check with your local building department and talk to their code-enforcement division. Every city has a building department, and every one of them has a code-enforcement division. They recognize that blighted properties hurt the entire city, so they have a vested interest in making sure the properties are maintained, and most have the ability to levy fines and penalties against the lender — or whoever the owner is."

Have you ever seen that happen?
"Oh, yeah. The lender doesn't want to have problems with the city because it could make it difficult to sell [the home]. Technically, if you don't pay your fines, the city could put a lien against the property, and then they can't sell it."

Would you recommend that neighbors go and maintain the property themselves?
"Remember, this is not your property. But in real estate we call that the 'stealth neighborhood improvement program.'
“I've done it. I've had properties where the next-door neighbor wasn't keeping it up, and as a Realtor I really want our neighborhood to look its best; it keeps everybody's value up. So if their sprinkler isn't working, I'll make sure to hit it with a little bit of water. If the weeds get a little bit high, I'll sneak over when it's quiet when I'm cutting my lawn, and I will just happen to end up doing their lawn as well.
“Look at it like this: You are not doing damage to their property, you are actually improving it. So how much liability do you really have? It's probably very minimal."
Posted by: Yukon28

Re: Does anyone know? - 04/12/13 01:10 PM

Thank you for giving me some good advice!
Posted by: teedoff27

Re: Does anyone know? - 04/13/13 06:05 AM

Considering the fence "is crashing into my backyard" What is the possibility of pushing it upright and bracing it as a quick,cheap,fix. You won't have to contact anyone or get a permit, because you are moving it off your property.

Also is the fence hung properly? Whenever installing a fence the "nice side" must be facing out.
Posted by: bluezone

Re: Does anyone know? - 04/13/13 09:09 AM

Originally Posted By: Yukon28
The fence is about 80 ft.


if the fence is on the property line you could dig on your side right near each post and pour cement to stablize the posts

or pound in tall metal fence posts (on your side) to stablize the posts until someone buys the home then you could share the cost of the post cementing
Posted by: bluezone

Re: Does anyone know? - 04/13/13 09:18 AM

Originally Posted By: Yukon28
The house is nothing I would want to invest in personally...my family actually looked into purchasing it a while ago...the inside is a disaster...caving roof...slanted floors...


if the surrounding homes value around $100,000 and one could buy this for $25,000 then put $20,000

the profit after selling could be near $55k
Posted by: SilverFox

Re: Does anyone know? - 04/13/13 12:30 PM

Had that problem here. My property is bordered by a "fraternal organization" (with more money than I will ever have). When I bought the property there was a stockade fence between the properties with the good side facing my property. Over the years the fence decayed. The organization insisted it was my fence and my problem. Thanks alot. I offered to buy the material if their male members would put it up. With no cooperation on that either. Now there is a weed patch between the properties and they want me to take care of it. It is over the property line on their property and full of disgarded beer bottles. Oh well, let those unsightly weeds just keep growing - not my property - not my problem.
Posted by: Yukon28

Re: Does anyone know? - 04/14/13 01:51 PM

Ya we actually already did that...as we had to because it was almost crashing onto our shed...but it looks so ugly all propped up.
Posted by: Cinnamon

Re: Does anyone know? - 04/15/13 07:02 AM

You can remove anything that falls into, or overhangs, your property.