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cathyme · May 29, 2008, 09:40 AM

I have lived in my home for 14 yrs and for 12 yrs my neighbor used to drive his vehicle pulling a car hauler trailer behind his vehicle over my driveway along side my house to get to his back yard. Or he would ask me to move one of my vehicles along side my house to get to his back yard. I was told by the original property owner that the fence between me and my neighbor in the back yard was on my property which met he came in the required 6" for the fence. So two yrs ago I put up railroad ties to divide the property to keep him from driving on my side all the time. So he kept asking me why and I have told him to divide the property as fences make good neighbors. This spring the fence was falling down so I repaired it and he told me that it was his fence. So I am paying taxes on 85' of width of my property and it's only 83'9" measuring from the outside of both fences so I am short 15" of land and if he went 6" on his property then I should have gained 6". So something is amiss and I have no idea where the property markers are at and if I could even find them with a metal detector. My big question is if I have my property surveyed and the fence line is wrong can he move his fence? Or do I just have to live with the error?
Is there such a thing as a grandfather clause on this fence being up since 1978? Will I be waisting my time and money by hiring a surveyor? Thank you for your help and feedback on this issue. Cathy Messer

progunr · May 29, 2008, 09:50 AM

I don't believe they put permanent markers for property lines.

I would leave "my" fence where it is, and make the neighbor prove that it is in violation
Of the property lines.

Have him spend the money, instead of you?

ballengerb1 · May 29, 2008, 12:43 PM

They do put markers on property surveys. The wooden stake shows you where to find the driven pipe but they can be hard to find after many years. In all likeihood you had a survey done when you bought the property and its is on file in the county recorders office. The survey should show your home and the exact distance from the home to the lot so you can measure for yourself to prove or disprove. I would push this point because in many localities a person can eventually claim ownership of property that they have been openly using and acting/thinking it was their property.

Fr_Chuck · May 29, 2008, 05:24 PM

Often older markers were rock ( concrete) sometimes with a metal rod in them. I would have a new survey done,