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ElfNFairies
Dec 24, 2008, 07:40 AM
When I first bought my property 16 years ago, the boundary stakes were in a different area. Five years ago I had it surveyed and the property corners were further up the hill than I or my neighbor had thought, but it agreed with the property survey that was filed with the county 29 years ago. I recently had it re-surveyed because I wanted to move my fence closer to the property line and fence off the front of my yard. My neighbor says its wrong and says I can't fence it off. Ive had two different surveyors say that my corner is where they have it marked now. I know I am in the right, but Im not sure what to do at this point. Five years ago, my neighbor had no problem with what the surveyor said, but now that I want to put up a fence it's a problem. Do I have anything to worry about?

LisaB4657
Dec 24, 2008, 07:59 AM
My opinion is that you should send a letter to the neighbor saying that you intend to put up a fence in 30 days, within the boundary lines staked by the two different surveyors. If they have a problem with the location they are welcome to obtain their own survey. If they can show you a survey that shows different boundary lines then you will hold off on putting up the fence until the boundary line issue is resolved. But if they don't show you a new survey from a licensed surveyor with different boundary lines within that 30 days then you are going to proceed with the fence.

Send the letter by certified mail and make sure you keep a copy. If this ever ends up going to court you will have paperwork to show the judge.

ElfNFairies
Mar 29, 2009, 08:57 AM
My neighbor brought someone out with a metal detector yesterday and they are saying the property line is still wrong and that I can't put my fence on the line or even six inches that I must keep it five feet off. They told me if I put up a fence they will tear it down. I am going to talk to a property lawyer tomorrow, and get a surveryor out here to survey her land in a couple weeks. I don't know what else to do.

LisaB4657
Mar 29, 2009, 09:30 AM
You're doing the right thing. You should definitely get an attorney involved now to save yourself aggravation later.

ElfNFairies
Apr 2, 2009, 06:00 PM
I have decided to send a letter advising her that I am proceeding with the fence in May as planned. I also stated that the lawyer advised me not to pay for her survey since she is the one contesting it. My stomach is in knots over this. Guess we will see what happens next.

LisaB4657
Apr 2, 2009, 06:04 PM
Don't let this get your stomach in knots. What's the worst thing that can happen? If you end up putting a fence on her property then you'll have 2 surveyors to hold responsible for the mistake.

Keep listening to your lawyer and doing what you're doing. You're doing everything right.

ElfNFairies
Apr 10, 2009, 04:54 PM
I was going to send the letter I described, but my uncle told me not to because it may or could be used against me in court if it should go that far. He said depending on how I worded it or what I said could be used against me. He said to wait until she says something else to me and then have an attorney write and send the letter that way it would be documented and on record and to keep records of everything she says or does concerning the property line which I have been doing. Im so tired of this its not even funny. Im not going to worry about it anymore.

ElfNFairies
Jun 8, 2009, 09:16 AM
I put up my fence a few weeks ago. The neighbor isn't happy about it at all. They keep throwing rocks into my yard. People are driving by my house slow. Sometimes they stop at the fence by the road and some seem to be taking pictures. She is planning to have her property surveyed and she tells me if its wrong that she is tearing down my fence. The surveyor who did my fence told her he was 100% confident that the corners were correct. What Im worried about is that her property was surveyed wrong once before, or the people who built all the houses out here moved the pins and stakes, which is illegal, so she feels I have taken property away from her, but if they survey it wrong again, can she legally take down my fence? I think the adult thing to do is to get the two surveyors together and figure out who's wrong, then if it is me, I'll move the fence, but when three surveyors say that's where the corner is and it agrees with the plat filed with the county?How can it be wrong? Any advice?