Go to the library or to a book store and purchase Nolo Press' " Neighbor Law".

You might receive some sympathy+ empahy here or just the opposite, so you might as well start doing some legal research .

Text from Amazon. $ 18.00 - I own a copy and it is a very good book.

The book is an an easy-to-read guide on laws concerning common neighbor disputes
Is the noise from next door keeping you up at night? Is the view from your backyard being obstructed? Is a neighboring business driving you crazy? Your home is important to you and your neighbors aren�t going anywhere -- Neighbor Law can help you deal with difficult situations and keep your home life peaceful.

Learn your rights and responsibilities with this clear-cut, comprehensive guide to the laws concerning common neighbor disputes. Learn the law of:

fences
trees and other greenery that crosses the property line
boundaries
blocked views
noise
water runoff and flooding
interference from nearby businesses
dangers to children ("attractive nuisances")
...and more!
In plain English, Neighbor Law explains how to find applicable laws and resolve disputes without going to court, and explains when the law is on your side and how to deal with your neighbors without creating enemies. And, if you must go to small claims court, you'll find all the facts and stragegies you need.

The 7th edition is completely revised and provides new sample letters for engaging a neighbor over a dispute, and includes expanded information on mediation and dispute resolution. Plus, read new material on how to build community and prevent disputes.

Here is a link that might be useful: Nolo press : neighbor law

Thank you for the heads up on that book! I will be sure to get it!

I want all opinions good or bad, sympathy or non-sympathy.I'd like to see it from both sides. I want to be a good neighbor, but I don't want my neighbor dictating what I can do 'near' her fence if it is not legal for her to do so. as I said, she is a very nice lady and she seems to like us as well, so I just want to be clear on my rights. Although I am irritated by the fence, I am not trying to be 'right', just fair. I guess I'm frustated by the fact that she doesn't garden, and actually cultivates weeds(invasives--honeysuckle, ivy, bittersweet, black locust). She has a small perimeter around her house mowed and the rest is left to grow as weeds. This bothered some neighbors, but seriously didn't bother me since it was her yard.
My trash bags have got nothing on the invasive honeysuckle that she likes that is going to attack her fence. She has no idea what that monster is going to do!

It is not illegal for you to put some bags of leaves anywhere on your side of that fence. You can also plant whatever you want on your side and no you do not have to maintain the fence. You should stand up and say you will not tolerate her dictating what you can do on your side of her fence.

You seem to be on the fence with this whole fence thing. On the one side you want to be fair rather than right. And on the other side you enjoy dissing the neighbor and then including the other neighbors in the mix. You need to check with your own municipality to get clear on your rights.

Fifteen feet is a lot of yard to lose. Did you check your own deed/parcel/property data? I would be more worried about that than trying to be fair or right over a fence.

Thanks, sasafras
Yes, fifteen feet is a lot of yard to lose(but yes, I know now it wasn't really mine).
There is no ill-will between this neighbor and I. The only reason I know the other neighbors didn't like her weeds is because she told me herself. Actually, she is the only neighbor I speak with on a regular basis. This is in no way a 'neighborhood battle'. She moved in 4 years ago, and is older with no children or husband. So I understand why she is keeping a bare minmum of mowed area. And I even 'get' the weeds, she likes nature and would look forward to what kind of weeds would crop up, and the weeds provided shelter for the bunnies which she liked to see. I used to toss my weed and flower seed heads in her yard (with her permission, of course) to give her a little variety. At her age, she doesn't want a heck of a lot of maintenence. I usually bring her a plant once or twice a year(and plant it for her).
I guess I seem on the fence about this whole thing because I really like this woman, she has been a very good neighbor and just all around nice person. I just want to be careful about what and where I place my new plantings so there are no issues or conflicts.

I think I'm coming off as bratty right now because I'm pretty serious about my yard, and this is the first time I've really felt restricted in anyway.

I think the survey is probably correct. She paid a lot of money for it(900.00 for just that one side), and I was home while the survey was being so I saw the whole thing.
If I really wanted to be be a pain(and I don't!) I would have looked into adverse possession.....I have been using and maintaining that 15 feet of property for the last 17 years with the full knowledge of the two previous owners(who also thought it was my yard).

I know that if I suddenly lost 15' of property that myself and others thought I owned for the past 17 years, I'd investigate the property line location as best I could on my own (using prior records) or consider having a surveyor verify the line location. ... the reason being that surveyors are human and can make mistakes. I know when I've had my own properties surveyed that the new work sometimes shows errors (relatively minor ... a few inches) of the old work. It's always puzzled me how surveying seems not as precise as I would have thought it to be. And that the newest work seems to reign as being somehow magically more mistake-free than previous work. If you're resigned to accepting the new survey as correct, so be it.

That the neighbor is placing the fence AT the line surprises me. Usually it's set back just a little, how much would most likely be determined by the local controlling authority. I'd check on this issue just to make sure that the fence doesn't need a little clearance from the line. It might be that code requires a set-back. If there is anything to be done about it, then the time to do it is without delay. Delay implies acceptance which makes changes later more difficult, or impossible.

That the fence company demanding a survey is not the same company installing the fence after a passing of time seems as if an error could be made more easily. This is just another reason to verify survey claims. Neither would I accept that this is a $900 cost. I'd make calls to a few surveyors and inquire to find out what the "ball park" cost is since the loss of a fair amount of property might be worth paying a bit for.

I wouldn't consider it neighborly if a neighbor stacked anything against the back side of my fence. Given that all of my fence would be on my property (so long as it's on my side of the line) then anything stacked against it couldn't help but be on my property, too (another reason to set the fence back a few inches just to make sure it's on one's own property.) Something stacked against or pressing on the fence could cause damage or soiling. By the same token, I would consider planting as I wished on my own property (... probably carry on my love for English ivy!)

While you might get useful advice about "etiquette" here, that's not really what you need. You need legal advice in order to get answers to some of your questions. The book mentioned above will probably be helpful, but you MAY need advice specific to your locality. Start with the book and go from there.

If the fence turns out to be on neighbor's property--or you accept it as such-- then I'd be careful not to behave in any way that would appear as if you didn't accept it. Doing so could be the start of neighbor unfriendliness and possibly later, "war." It's not fun to be stuck next to someone that you develop unkind feelings for or vice versa ... especially since it started out that you have a good relationship with, and like, this neighbor.

Thank you for your response Yaardvark. I think I am okay with the survey, and am resigned to losing a good portion of my yard that was not mine to begin with! I'm trying to look at the positives.....there will be a lot less lawn to mow, and all the Japanese honeysuckle is now on her side of the fence.
Getting my entire yard surveyed as soon as I have some money freed up for it is at the top of my list! I need to know now how far back the REAR of my property goes(another ambiguous area) because I will try to make up for the loss of the side by expanding the rear. I am hoping to eke out room for a small greenhouse.

I think you are correct in the assumption that the second fence company may not have considered setback and simply put the fence where the surveyer's stakes were. I may call the fence company.

While I would never stack anything against my neighbor's fence, I did place the bagged leaves(not stacked atop each other!) NEXT to the fence. This was probably visible underneath the fence and was perhaps too close for comfort, they have been pulled a foot away from the fence. Needless to say, everything will be placed at least a foot away from now on.

I guess my big deal is that I don't want the fence visible in my yard since I prefer a naturalized look. I want to put everything as close as legally possible to the fence since it ate up such a large area. The fence is closer to my house than hers. I would have preferred to be able to have had a wood fence that could have trellising attached(though I realized she might not have given permission for that!), and be easily disguised with vertical plantings.

I just want to make sure that I am only doing what I am legally entitled to, since both my husband and I really do like this woman and she is a good neighbor and don't want any hard feelings!

Wait! -- this is a vinyl fence? What's wrong with stacking stuff against it, or piling mulch up over the bottom part, or erecting a vine trellis in front (your side) of it? It's not going to rot.

Carol

"... the second fence company may not have considered setback and simply put the fence where the surveyer's stakes were. I may call the fence company." It would be better to call the code enforcement department to find out what the exact rules regarding setback are, and then, if there is violation, to call the fence owner. Since the fence company is not working for you, they would not be interested in what you have to say.

"... this is a vinyl fence? What's wrong with stacking stuff against it, or piling mulch up over the bottom part, or erecting a vine trellis in front (your side) of it?" Usually, things piled up would apply pressure and over time could bow the fence. Certainly, things placed against it would soil it over time. Mulch touching the bottom would probably not be an issue, but piled up, it would. A trellis placed adjacent--not touching--would not be an issue. But one could not attach anything to the neighbor's fence. (These are all good reasons for setting the fence back from the property line.) There are times when the rules are not rigidly enforced, but it would depend on the people and situations involved.

While it might be unsettling to get used to changes that are made against one's will, it will probably turn out that you can make lemonade out of the lemons (your perception) you've been given. A nice fence is not the worst thing in the world to have surrounding one's yard and it's very likely that you will be able to incorporate landscaping that helps the fence become an asset to you. No, it doesn't add more space, but as a feature, it can still be useful and attractive. It's a design opportunity.

Thanks for your response, Yardvaark. I will look upon this as a design opportunity, and yes---there are worse things I could be dealing with, so I'll figure it out!