Approximately
The existing fence is constructed approximately along the property line. "Along or near" is another option indicating the situation.
From the Standpoint of An Urban Surveyor.......
.......part of the fence is over the line. Of course, we would be dealing with a scenario where there wouldn't be an uncertainty like anything approaching 0.3 or 0.5 foot.
If the neighbor wanted to build a building right up to the lot line, the the fence would have to be removed, right?
Therefore, any part of the fence that is over the line is "encroaching" (although I would not use that term on the survey). If the posts were over 3" but the wire was on line, I'd show it exactly that way.
If JB is working in downtown Charlotte, conditions might be presented differently than if he's working in the woods out near Machpelah.
> I mapped the fence as being "on the lot line"...
I come across this situation a lot. Just did last week on two seperate jobs. I have always noted on private survey maps and on every single ALTA I have ever done that fences and walls that have the lot line running within thier width limits as being a 'Common Wall (fence) Situation'.
I have never had a phone call about the wording or an ALTA questioned about that language.
Wow here a first...
I was on that site and saw JB as he was packing up and leaving. Then I saw the neighbors cow go up and scracth her back on that fence. It was encoraching by 0.3', but then it was clear by 0.6' (she was really getting into that scratching). But the JB's client came out and chased the cow away and did his best to straighten up the fence. It's now clear by 0.4'... unless the cow came back. Oh, and there were the client's kids who climbed over another part of the fence and made it lean a little out. The client came and hollered at the kids, but didn't bother staightening that part of the fence up. I guess he was just too wore out after the cow. That part is probably over the line by 0.45', maybe even 0.452' (my eye is only so good).
The sensible solution to keeping track of all this potential fence movement.
The Fence IS On The Line.
If you are a mathemagician, or a recovering one, you could cover yourself by making a note that the fence may have minor variations, placing small portions more to one side of the line or the other. But that's just getting way too anal.
I agree with JB. Can you imagine the all the litigation that would ensue if property owners started lawsuits over something like that? No sensible person is going to expect fence posts or the fabric of the fence to be exactly on the line without any "encroachment" or overhang if it's leaning a little.
