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    howwillitend's Avatar
    howwillitend Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 10, 2008, 11:07 AM
    We live in Milwaukee, Wisconsin. My neighbor has applied for and received a permit to build a fence 4 inches from his and mine property line. He believes that his property is wider by 6 inches and is building his fence six inches into my property that is surveyed and staked by 3 foot long pipes. He agrees with one of the 3 foot pipes and not the other. We have shown him where the property line is but he disagrees. We have had our municipality send him a letter that the fence permit states that the entire structure of the fence must be on his own property. He replied to the municipality that he is within his bounds of his own property which he believes is 6 inches beyond the stakes and is continuing to instruct his contractor to construct his fence.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jun 10, 2008, 11:13 AM
    First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

    You need to go to your local courts and get a temporary injunction to halt construction immediately, pending a resurvey. You both then need to pay an independent surveyor to determine where the property line actually is. If the two of you can't agree to a surveyor, then you can each hire your own.

    When you get the injunction a hearing date will be set to present the survey to either remove the injunction or whatever is necessary. At that point the surveys are presented and the judge will rule on the property line. He will then need to move the fence and repair any damage to your property or vice versa.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Jun 10, 2008, 02:26 PM
    A resurvey is in order if you dispute where he is going to put his fence. After the fence is up is too late. Like Scott says, get an injunction to stop the fence from being built temporarily until the survey can be done again.

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