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magnolia28
Mar 7, 2009, 07:58 PM
Hello, I installed another replacement fence that I share with neighbors. The fence is the same look on my side as my neighbors. I have to replace the fences every eight years or so, because my neighbors overwater and put soil on the bottom of the fence and they rot. I have never asked for one cent from any neighbor. However, one neighbor in the back, who is complaining that my fence was on her property. A surveyor came, and said I my fence was fine, except perhaps there was one 4x4 post that he said was so close, that he had to go back to his computer in his office to figure out if it is indeed on her property. This was three months ago, I never heard from my neighbor or the surveyor, until yesterday, my neighbor says I have until March 27th to move the post, because she claims she will not be able to sell her house, when the time comes? The ground is frozen with snow on it. If the surveyor couldn't tell on site, we have to be talking about a tiny encroachment. What are my rights? Thank you for any help.

Fr_Chuck
Mar 7, 2009, 08:33 PM
If you are indeed on her property, you have the right to move the fence beforre she tears it down.

Also check your building codes as to the set back if any from the property line on a fence.

JudyKayTee
Mar 8, 2009, 07:00 AM
If your fence post is on her property it's an encroachment and has to be moved/corrected - it could be 1", it could be 10'. Doesn't matter - your fence post is on her property.

Assuming the fence installer used the survey he may be responsible.