[ElfNFairies]

A few months ago I had a survey done and moved my fence closer to my property line. For a few years I had let the neighbor keep their dog house three feet onto my property but when I had the fence redone, I told them I didn't want the dog house on my property anymore and made them move it. Well, over the course of the summer, they have moved the dog house back onto my side of the property line where my fence is still about three feet from the line, and it looks like they moved my permanent markers too. I have been harassed all summer with things being thrown into my yard, verbal harassment from their kids and friends, but it has since died down a little. I think they think I haven't noticed them moving the dog house back a little at a time. I have documented all the harassment in a journal so far as well as this. I am considering talking to a lawyer about what to do about the dog house. If anyone has suggestions or advice on what else to do I would appreciate it.

[Ren6]

I'm curious... why didn't you move your fence directly onto the property line? You gave them three feet of lee-way. In some states, if your neighbors mow and maintain the area that is your property for x amount of time, it's considered theirs. If they removed the stakes, I'd pay to have the surveyor come out again, and this time promptly move the fence to where it needs to be.

I had to do the same thing due to troublesome neighbors. Good luck!

[ElfNFairies]

There is a stone pillar in that corner that her ex and my ex put up with rocks found in the yard. It was cheaper and easier just to keep the existing posts where I already had them and angle it up to where most of the fence is a foot off the line. I was advised to keep it off the line a little so it was on my side of the property line, by a lawyer and my surveyor. Ive had my property surveyed three times and do not want to have to do it again unless I have no choice. I have considered doing what you have suggested and just might if this can't be resolved peacefully. My neighbor is upset enough because they feel that I took property away from them yet they won't pay for a survey of their property to dispute it. The surveyor I used is the top rated one for my county and has never been proven wrong. He stands by his survey. I gave them all last year to dispute the survey and they haven't yet. They are just doing this to be petty and vindictive. I will be talking to a lawyer on Monday and see what he advises. If he says to move my fence and get it surveyed again, then I will, until then, Im just documenting.

[jmjoseph]

There is a stone pillar in that corner that her ex and my ex put up with rocks found in the yard. It was cheaper and easier just to keep the existing posts where I already had them and angle it up to where most of the fence is a foot off the line. I was advised to keep it off the line a little so it was on my side of the property line, by a lawyer and my surveyor. Ive had my property surveyed three times and do not want to have to do it again unless I have no choice. I have considered doing what you have suggested and just might if this can't be resolved peacefully. My neighbor is upset enough because they feel that I took property away from them yet they wont pay for a survey of thier property to dispute it. The surveyor I used is the top rated one for my county and has never been proven wrong. He stands by his survey. I gave them all last year to dispute the survey and they havent yet. They are just doing this to be petty and vindictive. I will be talking to a lawyer on Monday and see what he advises. If he says to move my fence and get it surveyed again, then I will, until then, Im just documenting.

I am a surveyor, and actually did a year's worth of work on the Natchez Trace Parkway in Frankin, near you.

It is illegal for anyone to move property corners. Yes, you should always slightly offset the fence off the line, in your direction, as to allow for meandering of the fencing. Maybe you should plant some trees or shrubs on the strip of property on the outside of your fence. Take pictures, and take your "jacka$$ journal" to an attorney and see what she/he says. I wish you luck.

As long as there's been property lines, there have been property line disputes. Don't get shot over this issue.

[ScottGem]

As soon as they moved the dog house back you should have protested. I would send them a letter telling them that you do not want to have to go court over this issue, but you will, if they persist in using your property and in harassing you.

[jmjoseph]

A few months ago I had a survey done and moved my fence closer to my property line. For a few years I had let the neighbor keep thier dog house three feet onto my property but when I had the fence redone, I told them I didnt want the dog house on my property anymore and made them move it. Well, over the course of the summer, they have moved the dog house back onto my side of the property line where my fence is still about three feet from the line, and it looks like they moved my permanent markers too. I have been harrassed all summer with things being thrown into my yard, verbal harrassment from thier kids and freinds, but it has since died down a little. I think they think I havent noticed them moving the dog house back a little at a time. I have documented all the harrassment in a journal so far as well as this. I am considering talking to a lawyer about what to do about the dog house. If anyone has suggestions or advice on what else to do I would appreciate it.

They've moved the "permanent" markers. That makes the survey null and void. It's anyone's guess as to where the line is. The courts don't take lightly the relocation of property corners placed by a trained, and state registered, professional. The surveyor can verify the markers "replacement", and depending on your state's laws, charges may be filed. Try calling the surveyor, and see what course of action HE recommends.

Good luck to you.

[ScottGem]

The courts don't take lightly the relocation of property corners placed by a trained, and state registered, professional.

Jm,
Can you cite any laws about moving markers? Your response gave me another idea. If the OP can include, in the letter I suggested, a cite for a law against moving markers with possible penalities, that might put a real scare into the neighbors.

[jmjoseph]

http://www.freeadvice.com/search.php...5&sa.y=11#1088
http://community.lawyers.com/forums/t/54021.aspx

I'm still researching the laws concerning removal, or relocation of, property corners. But here are a couple of legal boards with similar problems.

[ballengerb1]

Whatever you do you must defend your property to avoid eventual adverse possession. Do something that demonstares you own the land and are caring for it. Sending certified letters, mowing, planting and paying the taxes all demonstrate you are the owner.

[Fr_Chuck]

Did the surveyor not put in some pipe or other item underground ?

[jmjoseph]

On property surveys, unless otherwise requested, surveyors only place markers on the corners , sticking up in plain view. Around central Georgia, they are using 1/2" rebar , cut into 2 foot lengths. In my opinion, not good enough.

I recommend to anyone who has had a recent survey done, to take measurements to any nearby object. Preferably three objects, like the edge of pavement on a road, a driveway, or the corner of the house, barn, shed, a certain tree, fire hydrant, etc. That way if you have two or three measurements, you can intersect these distances to get relatively close to where the marker was.

Also, put up a "witness post" near the marker if it's in a field, woods, etc. that way the grass won't grow up and cover it .

[ElfNFairies]

My and her ex decided to take rocks from the yard< there are a lot of rocks> and build a stone pillar to mark the corner. Half is suppose to be on my side, half on theirs. The original metal pin put in by the original surveyor is under this pillar. The surveryor who did my survey last December put in T-posts to mark the corners and one in the middle to mark the line. The T-post behind the stone pillar is suppose to be within 1/10th of an inch of the measurements determined by the original plat. Before, I could not see the T-post when I came home as it was hidden by one of the wooden corner posts but I could barely see the tip when I looked out my bedroom window. Now I can see just about all the T-post when I drive in and see it plainly from my window.I took pictures from the driveway end about a month after I had my fence put up showing the condition of the fence just in case they tried something, but did not take a picture of the T-post from behind the pillar. I guess I thought the pictures I had would be good enough. Anyway, I talked to a lawyer and he suggested I get the surveyor back out here and determine if it was moved, then he would get involved. Things have quieted down though in the past few months. Im just afraid it will stir up a bunch of crap and harassment again if I do this.

[ElfNFairies]

As soon as they moved the dog house back you should have protested. I would send them a letter telling them that you do not want to have to go court over this issue, but you will, if they persist in using your property and in harassing you.

I wanted to but everyone that I talked to<parents, friends, co-workers> told me to just let it go. I think she had her property surveryed and found out that mine WAS correct and hers wasn't. A friend said this was just their way of "one upping" me since they can't tear down my fence. Just now, though, couple of cars were in my driveway. Soon as they saw me looking, they left and reversed up the street. Hmmmm... odd things like that happen here a lot since I moved my fence.

[ElfNFairies]

Whatever you do you must defend your property to avoid eventual adverse possession. Do something that demonstares you own the land and are caring for it. Sending certified letters, mowing, planting and paying the taxes all demonstrate you are the owner.

Once I had the fence redone, I would go up there and weedeat that side and around the pillar to keep it nice. I had also replanted grass there so it would keep rocks from sliding down into my yard when I mowed. One time I was up there and noticed the dog house was over just a few inches, so I figured, OK I'll let them do that. But then I noticed it definitely moved back some, and then I noticed it seemed the T-post wasn't in the position I remembered it being in. I haven't been weedeating because my weedeater died. But since it's the end of the season, don't need to for a while.I have considered planting trees or shrubs but figured the dog would just pee on them and kill them. I plan on moving the back part of the fence also as the guy who originally put in in kept it off further than I wanted. I have let the neighbor mow it that lives next to them as its hard for me to get back there and mow it, but since they are friends with next door neighbors, have decided to put an end to that also soon as I can.

[jmjoseph]

Whatever you do, do not just "let it go" that is bad advice. Yes, call the surveyor that you hired before. It should be cheaper this time, and save you money.

I wish you luck.