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Decent relationship with them until October 2016 - not sure why it went south...
Some website shows my fence is on his property and now he wants what he feels is his. I have 10 (30 ft) leland cypress, 150 ft fence (all posts are cemented) AND a 12 ft X 32 ft storage building that he says i need to move.
I already paid for a survey before installing the fence and I'm not paying for another or moving ANYTHING unless a judge tells me to. I say it's up to him to get a survey to prove i am wrong.
I also say since he lived there over 2 years and said nothing about property lines when he bought the house, he really doesn't have a leg to stand on.
Any advice or suggestions?
The ball's in his court to prove his claim. You need to find the survey pins from your survey. It's not out of the realm of possibility that they've been "accidently" moved. If that's the case you will likely have to have another one done.
My guess is that he wants to do something that encroaches into the setback and in his mind he feels it would be easier to "move" the property lines than apply for a variance, which might not be granted.
> I already paid for a survey before installing the fence and I'm not paying for another or moving ANYTHING unless a judge tells me to. I say it's up to him to get a survey to prove i am wrong.
Agree totally.
> I also say since he lived there over 2 years and said nothing about property lines when he bought the house, he really doesn't have a leg to stand on.
Not relevant. Even if adverse possession usually much more than 2 years is required.
> Any advice or suggestions?
Registered letter, state that your survey says it's your land, maybe even attach a copy of the survey. Stick to the facts and leave out irrelevancies.
> I already paid for a survey before installing the fence and I'm not paying for another or moving ANYTHING unless a judge tells me to. I say it's up to him to get a survey to prove i am wrong.
Agree totally.
> I also say since he lived there over 2 years and said nothing about property lines when he bought the house, he really doesn't have a leg to stand on.
Not relevant. Even if adverse possession usually much more than 2 years is required.
> Any advice or suggestions?
Registered letter, state that your survey says it's your land, maybe even attach a copy of the survey. Stick to the facts and leave out irrelevancies.
You COULD consult a lawyer and have him write it.
This, and it wouldn't hurt to have an attorney write the letter.
He's the one making the claim (has he shown you HIS survey from when he purchased the property?). He's the one who needs to prove his claim.
"Some website shows my fence is on his property ..."
A website is NOT a valid source for this kind of information. Plot lines will move as the perspective and angle of the overhead shot is shifted. It is entirely possible to see your current fence shown as being several feet inside your property when viewing from another angle.
Your neighbor likely saw one overhead shot and blew a gasket not knowing any better.
Even if he gets a survey that proves he is correct, and you have a subsequent survey showing your first one is incorrect and your neighbor demands the fence be moved, it may well be his responsibility to pay to move it. Depends on your community and what case law(s) your attorney finds.
If it was me, I'd just send a copy of the survey with a polite letter saying the fence won't be moved. Send it by by registered mail. I'm not an attorney, that is just my opinion. If the situation escalates, THEN hire an attorney.
Not tricky. Just an extra expense.
You get to do it all over again but this time do keep the records.
btw... you should have had a survey done when you bought
I would wait until the neighbor has a survey done & perhaps there will be no issue.
If his survey locates your property line differently, then you will need pay for your own surveyor. Do make certain to have a licensed land surveyor perform an entire property survey & make certain the plat is filed.
Sometimes surveyors will do low cost fence line location & stake a line from existing property marker pins. That is not an official survey.
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