Property line dispute?

9 years ago

I recently noticed that in the backyard, there is a fence that I THINK is on my side of the property line (it angles in slightly and seems to cut off the back corner of the yard). But when I asked my neighbor, she said it was on her side. I don't want to get in a big fight since I just moved in a few months ago, but I would like to do some edging in the yard and would prefer not to have the fence in the way. Do you think showing my site plan could help resolve this issue?

Comments (4)

frankielynnsie
9 years ago
You would need to get your property surveyed to prove where the lines are. This should have been done when you bought the place so the pins may still be there.
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Yardvaark
9 years ago
Before you insist on anything you need to KNOW where the line is relative to the fence. Is it an obvious deviation from the site plan, or too close to call? Also, compare the property at Google Maps to Google Earth and see if you can tell anything. I've sometimes found the views "off" but then it is consistently so throughout a large area so may still be helpful.
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nandina
9 years ago
At house closing you were given a deed and other papers pertaining to your property. Among those papers should be either an official survey of the property or a 'taped' certified plot plan showing boundary lines. Both contain legal length and width numbers and show boundary stakes. Find it and a 100' tape measure. Start measuring. Rather easy to figure out with these documents in hand.

Also, many times architectural plans with dimensions given are included in closing papers. These are also helpful.

Suggestion: if you determine you are correct contact an attorney for help in resolving the matter. Sometimes it is better to let sleeping dogs lie in matters of neighborhood disputes.
Olychick
9 years ago
Is it a new fence? If it's been there for years, it may be a moot point and might be claimable as adverse possession. If you can't locate the survey corners/stakes (also check your county to see if there has been a survey filed - which you should be able to see), then probably the only definitive option is to pay for a survey. An attorney can't do anything for you without a survey showing the fence is on your property. And if a survey shows it's on your property, you likely won't need an attorney.

If the fence is new but not significantly encroaching (and you want to maintain good relations with the neighbor, you could draft an agreement that the fence can remain, you are giving your permission (which negates an adverse possession claim in the future) but can change your mind at any time.

I just went through this with neighbors who had been slowing encroaching (I suspected) with a woodshed, then a chicken coop. I paid for a survey, showing both were well onto my property. they were NOT happy and not long after, they pulled up the survey stakes. Luckily I noticed before the holes had disappeared (same day they pulled them) and had a crew come the next day and put up a fence. They haven't pulled that out yet.

Here is a link that might be useful: adverse possession.