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Ok, so we live in Cary and built a new house about 3 years ago on a vacant lot. Our neighbors had lived in a house next door for about 7 years and they bought from someone who had lived there for maybe about 5 years before that.
When we built our house, there were some mature trees, bushes, and a hedge between/on/slightly over the property line. The rest of the property line was just grass. The builder left all the tress and bushes (even those slightly on our side). He sodded and we put in an irrigation system, etc. There were also stakes put in at the boundaries and we took pictures of them.
So fast forward. The neighbor mowed some of the grass on our side, a few feet. Which is fine. They keep to themselves and we aren't overly picky and don't talk to each other. But now after three years, they have put in metal stakes and 3 lines of colored insulated wire to make a little divider that is about 2 feet tall and about 70 feet long between the houses. The problem is, besides being ugly, in places it is about 2-3 feet on our side.
So I confronted the neighbor nicely and showed them pictures of our stakes from the original survey and asked they move their "fence" to the property line. She got very ugly and stated they had lived there for 7 years and the people before it, 10 years and it didn't matter that it was on our property, she wasn't going to move it.
I called the HOA and they said it was a civil matter and that if they won't move the "fence" I should get a lawyer involved. They could address they fact that they put up a fence without approval but couldn't enforce it was on their property.
So I am willing to get it resurveyed but I don't want to spend alot of $$ on a lawyer when they are clearly wrong. Do have any suggestions for me? Can I get the police or Town of Cary to enforce property lines if I have it re-surveyed?
If you have pictures of the stakes you should be able to locate them fairly easily. If they aren't visible uncover them so they are. Verify that their fence is clearly on your property by running a string from one stake to the other (landscaping string is cheap.). It's your property so you can legally remove the fence yourself.
You tried to be nice. Politely inform your neighbor of your intentions. Also inform them you are being nice about it by doing it yourself as it could get ugly when involving an attorney.
I'm guessing you didn't have your property surveyed when you moved in.
I would continue to be nice and tell them that they need to have their property line surveyed to establish the exact division. You could just do it and be sure, or ask them to do it. Who knows, maybe it is their property afterall... If you wanted to be pointed about it, you can tell them that either they can do it now, or you will do it after they build the fence, and if it is in fact on your property, you will pull it down.
If the fence is indeed on your property, they would then have to remove it and rebuild it. At that point, you could remove it yourself, but you would need either a lawyer (not truly necessary at this point) or documentation of your efforts to have them move it and file a small claims suit where you can sue for damages and some punitive award, and you can be sure they wouldn't be pleased if they saw you out there tearing down the fence, although it might feel good to do it .
I'd simply tell them that they should get a survey of the property to be sure they don't end up in a financial quagmire. In the mean time, I'd start documenting everything in case you do need to go to court. You might offer to share the expense of a survey to get them on board and settle the matter quickly.
I would also ask that the HOA inquire to the construction of the fence.Metal stakes and wire don't sound like they really align with your typical architectural controls, so maybe the HOA can fine them.
FYI - the boundary stakes you took pictures of were likely just wooden markers which highlight the metal pins that actually mark the corners of your property. The pins (metal rods) are usually just an inch or two below the surface of the soil. If you know roughly where they are, you may be able to find them. If not, rent a metal detector to search the area you believe them to be.
If you have pictures of the stakes you should be able to locate them fairly easily. If they aren't visible uncover them so they are. Verify that their fence is clearly on your property by running a string from one stake to the other (landscaping string is cheap.). It's your property so you can legally remove the fence yourself.
You tried to be nice. Politely inform your neighbor of your intentions. Also inform them you are being nice about it by doing it yourself as it could get ugly when involving an attorney.
I'm not an attorney, and agree with Mike regarding legal counsel of course, but this sounds like a perfectly viable solution - if indeed the fence is on your side.
I'm not an attorney, and agree with Mike regarding legal counsel of course, but this sounds like a perfectly viable solution - if indeed the fence is on your side.
If you really wanted to be thorough, you would inform them via a letter sent certified, return receipt requested giving them like 10 days to remove the fence. That way if things get ugly(er) you have proof that you informed them of your intentions.
If you have owner's title insurance, your title insurer may help you fight the encroachment.
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