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Just ask who ever did the original staking to come back out and re-identify the corners that are in question. It shouldn't cost very much. That person will probably know how to find the metal pins easily. But IMHO you should do it sooner rather than later, so that you and your neighbors don't upset one another further.
My first question may have been why the neighbors put up the stakes and wire in the first place. The stakes/wire sound quite unattractive and unusual. Why would they have even felt the need to put them up, even if they were only on their side of the property line? Did they put up these stakes around their entire property?
I don't recall if you said that you plan to live in the house for a long time. If you do, I'd keep that in mind. Any resurveying, attorneys, etc. may make your home life more stressful. And the stress gained may outweigh the use of a small portion of your yard. Just something to consider.
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?
Thank you!!!!!
eYE BALL IT WITH wAKE cOUNTY ARIEL MAPS. tHEY HAVE SOME REALLY DETAILED PICTURES FROM ABOUT.
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.
Quote:
Originally Posted by cchampagne232000
Why would a neighbor react with such hostility? People are bizarre.
You learn something new everyday! I had no clue you could legally steal land. Thanks for the insight and a good warning for those who procrastinate or pacifists who refuse to say anything for years.
Thank you for all the suggestions. I think I will have the line surveyed and maybe use string to connect the stakes. Then ask them to remove their fence in person and if that doesn't work, in writing.
Some of the land is just grass and dirt. We weren't doing anything but let grass grow and let the dirt be. I know they mow part of it (a few feet) but with their riding lawn mower, they needed to go around a tree stump in our yard to get from front to back so I assumed that was why they were doing that. They also aerated the lawn and cut our underground dog fence in the process so they have been slowly coming over. It's not like we were letting them have it, we just let grass grow and dirt sit. You don't have to do something with every part of your yard do you? There were trees and bushes there when we moved in, but that's fine. It's not like you have to cut down every existing tree or bush when you move in. It doesn't mean that they got to keep the land the trees or bushes were sitting on, does it because we didn't cut them down?
These people don't talk to anyone and will not even wave at the neighbors or say hi when someone speaks to them. This past year they even shot a harmless animal in middle of the street from their house with a rifle during the afternoon. One of the neighbors saw it and called police. They just said the animal was messing with their pet (which it wasn't ) so they had to shoot it to get it away.
Obviously I don't want to get into a neighbor dispute. But I don't think I should just sit by why they put up a "fence" on my property.
I found pictures from 3 years ago from when the builder graded all the dirt up to the property line. So the property line was evident 3 years ago and the builder spread grass seed/laid sod and we watered it so the grass grew. It's very clear in the pictures. So three years ago, they knew exactly where the property line was. Thanks goodness for pictures! I thought my spouse was crazy to take so many pictures. But I think they will definitely come in handy if they try to say we haven't cared for the area.
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Thank you for all the comments
