According to the survey when I purchased the home, my neighbor’s fence is over 2’ in my property. When I asked her to move it the first time she said she would do it. I waited 4 months to ask her again now she said she was not going to move it. It’s at the right spot but couldn’t provide any proof and refused to get a new survey on her property. Also she said the fence was already there when she purchased the home.

Question:
1. Can I move the fence since it is in my property?
2. if not, what should be a proper action to take?


Please help..!

How long ago was the survey done on your home? Does she have a survey that shows the fence on her side of the property?

If the fence is shown to be on your property some mention of that should be found in your closing documents. Its your to do what you want but be 100% sure of the survey. Where steel monuments found in the corners?

I don’t know where the steel monuments are.
Her survey was done many years ago and it didn’t show the fence on it but my does.

Thanks!

How long ago was the survey done on your home? Does she have a survey that shows the fence on her side of the property?

The fence does not show on her survey.

When you had your survey they would have placed stakes at each corner. A steel monument would be within a, inch or two so take a look. Also the printed survey would indicate if a monument was found. Look at the wording at each corner of the property

I would advise using an attorney, to give her legal notice that the fence is going to be moved on a certain date. A legal notice, to allow her time to file in court and contest you removing it

Even if it is on your property, if it has been there for enough years, they may be allowed to leave it and claim those feet of your property, So much depends on if they will go to court over it,

Also the courts may require you to rebuild or pay 1/2 of putting up a new fence on the property line.

But if you remove it, without legal notice, they may still sue, and you may have to pay 100 percent of putting one back in the same place.

What makes you think it's her fence? It's on your property, maybe it's yours. Ever think of that?

First, NO you cannot move the fence without a court order.

Second, how long ago did she purchase and how long ago did you purchase? If the survey you received at closing shows the fence, why didn't you question it at the closing? Its possible, the laws of adverse possession may make the property hers.

Third, AK has a good point. If the fence was there when she purchased the property, then its possible it was built by a previous owner of your property.

My advice would be to contact your title insurance carrier. They are responsible for insuring clear title to the property. If the fence is inside the property line, this should have been dealt with by them before closing.

Thank you all for the advices. I will give an update of the case/situation soon…