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    sahuggin's Avatar
    sahuggin Posts: 1, Reputation: 1
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    #1

    Jun 24, 2008, 03:11 PM
    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.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 24, 2008, 03:34 PM
    Squatters laws would not even apply because there are rules for squatters laws (adverse possession) (if they are even still abided by where you live) and there is no way he could pass ANY of them. Basically he has to care for the land, pay the taxes for the land and have nobody dispute his claim of the land for approx 7 yrs.
    I would double check the exact property line and move the fence and then send him a really nice thank you for calling it to your attention.
    He is disputing it so I would think he would be the one to have to prove it and to have any surveys done and he should have to be the one to take you to court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 24, 2008, 03:38 PM
    You need to have a current survey of your property and have all of the lines marked. If you have never had a current survey done you really don't know either where any lines are at.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 24, 2008, 03:51 PM
    Hello s:

    The Padre, of course, is right. You WILL need a survey. Otherwise it's just a he said, she said situation. Your neighbor isn't going to believe a city bureaucrat, and I don't blame him.

    Make a deal with him to split the cost of the survey, or that the one who is WRONG will pay.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 24, 2008, 04:00 PM
    And to be honest there is nothing either of you can do in a small claims case, nothing to sue over and no way to prove it for either side.
    So talk to the neighbor, see if they will agree to split the cost of the survey and both agree to live by it,
    Cunning is I's Avatar
    Cunning is I Posts: 20, Reputation: 2
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    #6

    Jun 18, 2009, 12:41 PM

    Well let me tell you...

    Just because you get a survey done does not mean that the problems will end.

    I am having the opposite problem where a neighbor has an existing fence before I moved in that is encroached on my land. Guy is now being a jerk so I am going to tear down his fence... with my bear hands


    Build your fence RIGHT ON THE LINE!! Forget the survey.. just do it. Call the police if trouble starts and put up no trespassing signs.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #7

    Jun 18, 2009, 07:26 PM
    Quote Originally Posted by Cunning is I View Post
    Well let me tell you...

    Just because you get a survey done does not mean that the problems will end.

    I am having the opposite problem where a neighbor has an existing fence before I moved in that is encroached on my land. Guy is now being a jerk so I am going to tear down his fence...with my bear hands


    Build your fence RIGHT ON THE LINE!!! forget the survey..just do it. Call the police if trouble starts and put up no trespassing signs.
    Not really legal advice but your opinion. And this thread is one year old to boot!
    welovetheUSA's Avatar
    welovetheUSA Posts: 1, Reputation: 1
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    #8

    Sep 16, 2010, 11:26 PM
    Everyone is right you must get a survey if you want this settled, by law they will use the original survey markers and you'll have the two surveys to back up your claims. We refinanced our house and had a new survey done, we had no idea that our property went way across to the neighbors drive way.. which could be a problem since they came over last night and wanted to know why the survey stakes were on their property.. ofcourse we have never seen these folks in 6 years since we moved in, we are in a wooded area and our place is 4 acres . We have no intentions of going around or near their drive way... but they may not think so. I suspect they will cause some problems, the original and the new are the same.. so we are expecting problems .Get a survey, it's the only way to resolve your issues.

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