Fence Dispute ?

This March we installed a beautiful PVC fence in our backyard. The old fence was falling apart, rotted etc. We didn't ask any of our neighbors for money etc we just put it up and acually put it closer to our house about 6 inches because the old fence wrapped around a pole. Fast foward to yesterday, the house in back of us sold to a new person about a month ago. we have never met this person but she came to our house and our next door neighbors house yesterday and told us that her "survey" just came in the mail and our fence is 12 inches on her property and could we move our fence. My DH was like are you kidding..we bought the house 2 years ago and our survey was fine. He was like we just installed this PVC fence and if you saw the other fence you probably wouldn't have bought the house LOL..anyway..he took her name and number and I have my title people looking at our survey. Has anyone else gone through this? Our neighbors have about 8 feet of fence that they want them to move and he was like hell no i'm not moving anything. This isnt like 5 feet its a matter of inches. Any suggestions. I guess I just needed to vent to because i'm ****** taht our "new" neighbors would want to start off a relationship like this!!

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Well, I understand what a PITA it is, and I wouldnt make a big deal of a few inches if I were the buyer and let you keep your fence where it is. But IT IS their property (possibly), then they do then pay taxes on it and they have a right to it. So they are well within reason to ask everyone to move their fence.

I do think its nit-picky of them though for a few mere inches.

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Totally understand what you are saying..but we got a survey when we moved in 2 years ago and it was fine..no border issues etc. I could understand if it was even 2 feet but I would never say to a neighbore you are on my property, especially if i moved in with a really nice fence already there. My neighbors are even more ****** because they have been there 13 years and have never had any issues. I guess that is just me, I would never haggle over such a small thing. We have made such good friends with our neighbors over the last 2 years and I guess I feel like i would never dwell on that stuff..i'm sure everyones fence is a few inches off but I would never go to my neighbor and say i want the 6 inches back LOL..Oh well. Thanks for your response.

Message edited 12/14/2009 11:52:36 AM.

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Technically, if it's on their property, you're required to move it -

Didn't your fence co. require you to show them your survey before installing your fence??

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No they just put the fence up where the old fence was. Our survey from our title company says we are not "out of possession" for anything. We are getting a copy of our survey sent to us. Not a big deal. Just venting. I'm sure it will all work out!

Message edited 12/14/2009 12:30:20 PM.

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I'd take out the survey and check the measurements yourself. This may come down to dueling surveys! While I think a few inches is silly, if it really is their property, they're entitled to it.

Were any of your other neighbors upset that you didn't talk to them before putting up your new fence? Is it possible that they told that to the new neighbors and they're finding a way to stick it to you?

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Oh no..we talked to the neighbors before we put up the fence. they were so happy and they are going to put PVC up in their yards next year as well. The people behind us just moved in a month ago and the fence was already up. If you saw the old fence anything was better then that crap LOL..I think it may be a case of their survey against mine. I hope it works out. We like our neighbors and if i am living behind someone i would like it to be on good terms :)

Message edited 12/14/2009 12:44:06 PM.

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Well I would imagine it is an adverse possession issue and that they are trying to preserve their rights if she just got the survey now they just found out and are letting you know. I don't know that they have to make you take it down but there might be alternative ways like an acknowledgement that they are encroaching -but I do think they have the "right" to ask you to take it down - but not sure why it wasn't brought up when they bought the house. I'm not an expert by any means in this area. I would measure it with your survey - it wouldn't be the 1st time I think a fence co put up a fence a little off from where it should be - could that be the case that maybe the Fence co- screwed up? I do understand why you are upset - but maybe there is a better way to address the issue.

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For 12 inches not worth the argument... Let them argue it, I wouldnt do any of the work.. Not worth it...

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When I bought my house the survey showed that my neighbor to the right of me has three feet of our property. That's alot but I have such a huge piece of property so we didn't make an issue of it. I wonder when I sell the house down the road if it will be an issue with the buyer??

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honestly, if i moved in and my neighbors had any of my property i would ask them to move the fence. it's my property that i just paid money for and i want to use it.

when we got our PVC fence 3 years ago we were required to check our survey to make sure the fence was ENTIRELY on our property. we had to move the fence in a few inches. it was our responsibility as the fence owners.

i know it's a PITA for you, but if it's their property they should be entitled to use it. imagine if you just moved to your house and someone had your land--you would want to use it

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We currently have this problem... our neighbor's fence is on on our property, not by that much, but our property is very small to begin with so it really bothers me. We have not made an issue out of it yet, but we plan to get our own fence installed in the spring, so we have to decide before then how we want to handle it. The neighbor is a real jerk, he is petty and has had the most ridiculous complaints you could imagine, so I know for sure if it was reverse, he would have asked us to move it already. That's not our style though, so I'm torn over whether or not to make an issue out of it. But honestly, petty or not, it REALLY bugs me! We are entitled to every inch of our overpriced land!

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Just an update. Our survey that was done in 2007 said we are not on anyones property. We are not "out of possession" at all.. 60 x 100. Our attorney said that now its going to be a case of your survey against mine. We are trying to decide if we should go over and talk to them or wait until they come over to us again. LIke i said they just moved in, this is NOT how I wanted to start the relationship. I would like to be able to talk to them as adults and get a resolution. Our neighbors talked to them yesterday and they said that they have 10 years to make the land claim. He was like ok well i've been here 13 years and i'm not moving my fence so i dont know what he is going to do. Like i said before, If i was reversed and it was found that they had our property i wouldent say anything..not a big deal to us for 12 inches. If it was 2 feet, 3 feet maybe but hey..I hope it all works out and hopefully we can be "friendly" like we are with all of our other neighbors.

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I would send them a note saying you checked your survey and you and within the bounds of your property and if they would like to discuss this to contact your attorney. That way you dont get into it with the neighbor....let your atty handle it with theirs.

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It is their property. Someone's survey is wrong. If it was your survey company I would ask them to cover the cost of moving the fence

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Totally understand what you are saying and I'm not blaming them. People do different things!! We are going to talk to them but first I am measuring our plot to see if our survey could be off..that way i can go to the fence company or our title company. Either way I want to talk to them and have a resolution. Don't want or need a war you know :)

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Can you just leave it alone, they brought it to your attention and you advised them that your survey said otherwise. Dont bring it up anymore. Let them pursue it if they want to, see what their strategy is then say something...

Id ignore it till I received some paperwork....

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When you do talk to them if they start to get nasty just give them the atty's info and let the atty battle it out. I have lived with nasty neighbors and they will be up your a$$ for every little thing if this goes downhill.......let the atty be nasty if it gets to that.


Thank you so much. I will. I'm going to be very cordial unless they come at me.

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Another recommendation would be to talk with the assessor's or planning office in your town. They have a record of where property lines fall in order for applications for any homeowner changes to be made.

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You may want to hire a licensed land surveyor to "stakeout" your property.
I did this before we had our fence installed b/c of a crazy neighbor who was mad we wanted to put up a fence.
I know it's after the fact, the land surveyor comes with his equipment and can professionally tell you where the property lines are. The one I used put permanent markers in the ground.
I called a bunch of places, got estimates, and recommendations. So if you want their info, feel free to FM me.