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If it is on your property, why can't you just pull it up?
It is merely the OP's opinion, albeit backed by a survey, that the fence is on their property.
The survey is another opinion, not a ruling.
Tearing up a fence in error could also be even more costly than installing one in error.
Maybe a lawyer can give some advice. Material does not belong to the OP but the material is on his property.
Agree with posts that advice to deal directly with the neighbors. However, if for any reason the neighbor does not want to comply with the law, I do not see another way that to go with the court system if the OP wants it removed.
The previous owners of our home built part of their fence on the neighbor's property, this was discovered when we got a survey done before closing. I don't understand who builds a fence without knowing the property line first but this must be common because I knew someone with the same issue when they were closing around the same time. Luckily our neighbors were nice and allowed it to stay but if the fence gets destroyed (like a tree falling on it, we have a dead tree in our yard that makes me very nervous) the property goes back to them.
I live in the county not in any town or city. I do not have a hoa. A few years ago I came home from a trip and my neighbor had built a fence about 4 inches on my property. Then they planted bushes inside their new fence but still on my property. I mentioned it to the husband about a week after I got home. He just shook his head at me. I then got a new survey with bright lines marking where the line is . Still the fence stood. Then they put up a for sale sign and I contacted the agent and told her the history of the fence. This weekend is the first open house and guess what? The fence still stands. I want my neighbor to move but I don't want my property sold as theirs. Any thoughts?
Is everyone missing something here? 4 inches? I'm hoping that the OP meant to say 4 feet or 4 yards. I don't know that a survey would even have a margin of error less than 4 inches. We're talking about the width of a human hand. Less than the length of an iPhone 5. C'mon... 4 inches would be really petty stuff to fight over, in my opinion.
4 inches? I'm hoping that you meant to say 4 feet or 4 yards. I don't know that a survey would have a margin of error less than 4 inches. Hell a painted line is likely going to be close to 4 inches itself. 4 inches would be pretty petty stuff to fight over, in my opinion.
Until 10 years down the road you want to sell your house, and your buyer's survey shows the fence is in your yard...
Until 10 years down the road you want to sell your house, and your buyer's survey shows the fence is in your yard...
Then it's his fence. The neighbor apparently screwed up. I had a survey done a couple years ago because the investor neighbor kept complaining about my fence, among other things like my having too many cars, my goose decoy rack and the kids' bicycles. She wanted me to replace the chain link with very attractive shiny vinyl.
Turned out that fence was hers. It's still chain link.
Then it's his fence. The neighbor apparently screwed up. I had a survey done a couple years ago because the investor neighbor kept complaining about my fence, among other things like my having too many cars, my goose decoy rack and the kids' bicycles. She wanted me to replace the chain link with very attractive shiny vinyl. Turned out that fence was hers. It's still chain link.
The OP needs to decide her position, the risk/rewards associated with that position, then either act on it or deal with it accordingly. If it's "her" fence now, it means if a tree falls on it then its hers to repair or remove. This may be a future expense she doesn't want hanging over her. Lots of things to consider including size of property and size of fence, how long she plans to stay, etc. I'm just glad for HOA associations so I don't have to deal with things like ugly fences or yard clutter, what a nightmare.
Until 10 years down the road you want to sell your house, and your buyer's survey shows the fence is in your yard...
Like I said, margin of error. Surveys are not perfect, and two different surveyors (hell, even the same surveyor doing the measurement two separate times) are likely to come back with results that are several inches apart.
That doesn't make the neighbor who put the fence up right. One should take this margin of error into consideration when doing anything at the perimeter of one's property.
Here's a thought. Knock on their door and talk to them. If you don't get a satisfactory resolution that you can force your hand by nailing a sign in your driveway and backyard regarding the encroachment issue to scare away potential buyers and don't take the sign down til you get what you want.
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