Hi All,
Purchased our house 16 years ago with an existing fence. Lived peacefully for years until our neighbors moved and sold their home.?ÿ New neighbors have been there for approx. 4 years. Two years ago, we had a survey done from the "original" land survey company who plotted the subdivision back in the day so we can add improvements to our land.?ÿ They put stakes where the line is and also provided a paper of existing fences are.?ÿ The plat shows fence is on the line.?ÿ We extended our fence about 3 feet since for additional privacy.?ÿ
Through "gossip" from the neighbors, they are claiming the fence is on their property. My questions are the following:
1. If on the property, wouldn't the title company when neighbor purchased have an issue with this before buying the house?
2. If they have a survey from a different surveyor and it differs from the "original" survey that plotted the land, if it went to court, wouldn't the original take precedent over theirs??ÿ
3. Im pissed they are spreading BS lies to the neighbors and the city at this point.?ÿ I just want to send out an email and correct their wrong.
4. I offered to move the fence so there wasn't any dispute, however, they know if it's moved they would have to spend money for a new fence to keep their dogs in.?ÿ It's the lie that urks me.?ÿ
What do you recommend.?ÿ ?ÿ Thanks!
1. No
2. It could. New surveys are based on what evidence of the original survey the surveyor can find. Ex. If the distance between 2 found monuments of record is found to be greater than that of the original subdivision, then the new monuments get set at a proportionate measurement if the lots we simultaneously conveyed in the same subdivision. There are many rules and reasonings that a surveyor is required to follow. A new survey made based on an old plat will very rarely match the old survey exactly but, if done correctly, will hold the same amount of legal "weight".
If the survey that you had done references the fence to the property line on the plat. Maybe you could just mail him a copy without a return address to quiet him down? If he still persists, then I'd say it's then incumbent on him to prove you wrong.
Through "gossip" from the neighbors, they are claiming the fence is on their property. My questions are the following:
Have you tried addressing the above quote with the party directly involved. Regardless of your relationship you should. If the issue demands a court resolution, irrespective of the fence location, you both will expose yourselves to financial and personal stress for nothing more than an issue that has been lying dormant for years and may just be a simple misinterpretation of a survey map. However, it's your call and you have to live next to them. Good luck.
First off, don't move a thing.?ÿ
Second, from what you've stated the neighbor hasn't actually contacted another surveyor yet.?ÿ I realize there is a sentiment among some folks that if you don't like your neighbor's survey get one of your own.?ÿ But all that usually does is corroborate your survey.
Lay low, stick by your survey and avoid caustic bickering.?ÿ If nothing else hire an attorney to fire off a cease and desist letter to the neighbor if he continues to propagate untruths.?ÿ?ÿ
Is it possible that you 2 are on opposite ends of a political spectrum, and this animosity is showing up at your property line?
😉
Nate
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How far does he claim the fence encroaches?
Are there monuments such as iron pins called out on your survey?
I note the poster says this is in Alabama, in case that affects any opinions.
1. As said above, give him a copy of your survey, tell him that is your stance, and sit tight. It's his move if he wants to pay for another one.?ÿ
2. Have another copy ready to give any survey crew that shows up, but don't impede or argue with them. They are there just to collect information, not to give the final answer.?ÿ
3. Lawyers and courts are very expensive.
If you have a copy of your survey, you could publish that survey to the concerned parties. An actual document signed by a surveyor will hopefully have a bit more weight than gossip.
People are strange about their land. All sorts of weird and powerful hind-brain stuff happens when they feel their area is being encroached even if the amount seems insignificant to any other person in the world.
?ÿ ?ÿFence Line btw Lot 18 and Lot 17.?ÿ It appears the fence is right on the line.?ÿ?ÿ
No, LOL We are on the same spectrum.
Ignore them until you are contacted by either them or their attorney.
The bottom line of the picture looks good and should convince any sane neighbor.?ÿ There appears to be an issue to the left on the picture.
It's fairly common for people to get irrational ideas about where their property line is.?ÿ They never call for a survey because that would be rational. When irrational people complain to the neighbors, city staff, or an attorney, they are recognized for what they are. City staff is obliged to respond, but will certainly accept the results of your survey by a registered professional.?ÿ
Yes, that is the other neigbhor's fence. Agreement was made many many years ago before our purchase, to allow to connect. There is a drainage system there.
Thanks everyone for your responses.?ÿ Appreciate your expertise!?ÿ?ÿ
Although there are no numeric ties to the fence and the fence is close to the property line it would appear that the graphics of the fence run slightly askew of the property line in a manner that crosses the property line.
Licensed Land Surveyor
Finger Lakes Region, Upstate New York
Looing at the picture of he survey plat, it appears to be a fairly good survey. It shows a concrete monument at the corners of Lots 17 and 18, and set back lines. Also show record and survey courses and distances. We'd love to see the whole plat to make a good judgement.
Judging by the 5' easement along that line, the fence might be no more than few inches over the line, at most. Given that fences have some width, and are rarely perfectly plumb, I would not consider that few inches significant.
