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I would wait until the neighbor has a survey done & perhaps there will be no issue.
If his survey locates your property line differently...
The problem is that the fence contractor built based on the data the OP provided.
If that data is wrong, or even just unverifiable, the onus stays with the OP to make it right.
He has dropped the ball twice already by not getting and then not keeping survey data.
Plan to do the survey regardless.
Quote:
Sometimes surveyors will do low cost fence line location
& stake a line from existing property marker pins...
And this might be all that's needed to settle the issue with the neighbor.
Find the existing iron pins and then string a line between them.
Do it. See where you are.
Pins can mysteriously move sometimes. Just doing the line between pins may be accurate, but then it may not be if one has been disturbed. Most (all?) states license surveyors so the state agency that licenses them should have some contact info for the surveyor who did the previous work.
So the survey was done after you bought the house it sounds like.
An interesting thing...you could look up your neighbor's address and property line. Maybe a gis map or something. Just to give you an idea of what he's been looking at. There may be something like a disclaimer on it that he didn't see...something like "just estimates". Could make you feel a little better.
So what happened summer/spring 2016 to make the relationship go south? Was that when you were building or planting anything? Doing anything new that would make the neighbor jealous?
Sometimes it can help to flesh things out a little. Helps feel out how bad the situation is likely to get.
Since you don't have a survey, I'd get one. I like to always have one on file. I know at least some counties where the surveyor has to file the survey with the county. And then it goes online on the gis map additional info. So check and see if the county/town/whatever has your survey.
Didn't we go through this last year with you? You keep saying you had a survey but some believed from what you said that all that happened was someone come out and drove two rebars into the ground so the fence contractors could run a straight line. Nothing has changed legally or regulatory since you first raise this issue so the advice last year is the same advice this year.
The only thing that may have changed from last year would have been an actual in-hand survey. Since you couldn't find yours, the neighbor was supposedly getting one. Now we are back with the same issue but a more demanding neighbor. Are you sure he didn't get the survey and it supports his position?
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?
What the neighbor "wants" is important...to the neighbor. If he has a legitimate reason (Zillow or Trulia overlays are not legitimate reasons, nor are town or county online maps which contain disclaimers) to believe your fence and trees are on his property, or even if he doesn't, he has nothing stopping him from proving that either to you or in a court of law. That would entail his getting a proper survey done that proves his point. The OP got a survey done which purportedly established a correct property line prior to the fence being placed. There is not a reason in the world for the OP to do anything at all at this time.
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?
How was all this communicated to you by your neighbor? Have you received some sort of legal demands?
I would get my information ready just in case. But, I feel it is as others have said, it is his to prove.
What website?? Maybe other's here have some experience and can discount this source.
Here's the tricky part...i don't have the survey, nor can i find the guy that did it. The fence company has since gone out of business.
This is troubling. So I suggest that you pay for a valid survey.....Unless your neighbor has already done so?
The 32' building, was that installed after you bought your property?? After your survey in 08'? Was it installed during the time the neighbors house was vacant?
Sounds like there is more to this situation then your original post implies. What's the rest of the story? What is your neighbor trying to do that has caused this to become an issue??
This is troubling. So I suggest that you pay for a valid survey.....Unless your neighbor has already done so?
The 32' building, was that installed after you bought your property?? After your survey in 08'? Was it installed during the time the neighbors house was vacant?
Sounds like there is more to this situation then your original post implies. What's the rest of the story? What is your neighbor trying to do that has caused this to become an issue??
The fence, trees and building were all in place many years before current neighbor bought his house.
The neighbor, I'll call him Richard, had issues with his other neighbor and actually feared for his safety. Richard and i had become friends and he asked if i had a gun he could borrow. I lent him one (i don't need you to tell me how stupid that was - i had genuine concern for his safety). Anyway, after almost 2 years, i asked for the gun back and he EXPLODED. Seriously, he went nuts, yelling and threatening, it was crazy. The only thing i can figure is there had been a period of about a month that we didn't talk.... nothing wrong, just neither of us had anything to say, i guess. Anyway, i guess he got his feelings hurt. That's all i can come up with
Btw , GIS mapping is what he is going by and I have just found out that NOTHING is legally binding except a current survey. I have also read about the strict standards surveyors adhere to and i now have complete confidence that muy fence is on my property and that it is he who will be responsible to obtain said current survey. So, i say
LET THE GAMES BEGIN!
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