Neighbor says my fence on his property
I have lived in my home for almost 20 years, the house was built in 1986. My property was surrounded by wooded area originally until recently, owners are trying to secion off the land parcels to build sincle family homes. I had land all around me up until 2 years ago, then a house was built next to my property. My new neighbors (the second owners, since the house was built) and have been living there a year now are claiming that my fence is on their property. I have the original land survey which indicates my property is a combination of several parcels.
I spent the weekend gardening and transplanted a crape mertle bush next to my fence at the door entrance next to the extended driveway on my property. I came home this weekend from being gone and they had also been on vacation and were surprised to see the bush planted. My neighbor said "you have to move that bush".. because it was on his property and that they were thinking of putting up a fence right next to mine.
He continued to say that part of my fence was actually on his lot. I excused myself and reassured him that I had my original survey, and it indicates that my land actually extends at least four feet out from my fence.
I asked him if he had his blueprint/land survey, he did not, he said they never gave them one, but he knows... or (thinks he knows) because when they purchased that lot, there was a wooden stake in the ground with a flag marking where their property line started and ended.
I then went to my city hall and zoning department the next day, because I assured my neighbors, I would look into it, and if there was an error it needed to be corrected.
I know that my survey was correct or at least had been in place and on record way before their house was even built or the property purchased.
The manager at the city hall department looked up my property, and I asked him, how I would know for sure where my land starts and ends.. he told me there is sometimes a metal marking in the road, but he assured me that my land extended 14 feet from my house. I got home and measured and it is actually more land than I thought that is mine, on the outside side of my fence-(facing their property). I was thinking... if this is true, I should move my fence out and give myself at least 4 more feet out. Not out of spite bus just for the more available space in my backyard.
I don't know what to do, and I am a single mom on a teachers salary. So I can't afford a lawyer and small claims court, nor do I really want to cause any problems as I have to live next to these people. He had mentioned something about squatters laws.
If anyone has any suggestions. The man at the city hall said I could resolve it in small claims court, but I don't want to do that, I just want to be sure I am correct before presenting my information to my neighbors without causing and problems or if I need to move the bush, no problem. PS I tried to contact the original surveyor, and they are no longer in business. I can't afford to pay for a survey for him to put up a fence.
