2 years after buying our house the neighbor said our fence was on his property..Please read on, I need HELP?

[banys]

2 years after buying our house the neighbor said our fence was on his property. Neither one of us have had our land surveyed, but according to the dead we are NOT on his property. It has never been mentioned until I told them we were planning on adding 2 more 8ft pieces of fence. The reason for wanting to add more fence is because they have a nasty yard with junk everywhere as well as a pit bull that is never on a leash. I don't have the money to have it surveyed but I'm very confident its on our property. Can they do anything if I do add the extension? My realtor told me that the property was sold to us this way and if it really was on his property he should have mentioned it when the previous owner put the fence up 2 1/2 years ago. Does anyone know laws or what would they do in our situation??? (like I mentioned, getting is surveyed is out of the question at this time so please don't suggest that) I could really use some insight from someone who knows!!

[arrigo]

well the deed should call out specific and precise measurements, stakes, markers or whatever

for your lot; it had to be surveyed at some point to create a deed to start with.

who's putting up the fence?...a pro wont put it up without correct survey to work with.

the courthouse should have a copy of the survey in the tax assessors office since they

tax on it or they may just use the actual deed description. wonder how it is that you

bought it without a survey given to you to start with?....dont know what state you're in but

it has to be recorded somewhere. today alot of people dont want to have to pay for new

surveys when they're not needed, but you should have at closing been given a copy of the

one on file and asked to sign a sheet saying that you accept and agree w/the survey currently

in effect....look thru your papers...? but wouldnt do anything about a fence till you get it

all kosher there....could be a lawsuit cuz most states after ten yrs of no objections to the

encroachment of land, it becomes property of the violators.

[karlitis]

Just because your neighbor or realtor says your fence is on his property, doesn't make it so. You should get your property surveyed so you know where your lines are. I know you said you don't have the money for that, but to protect yourself, it needs to be done. My survey cost $400 (small city lot).

In my area, there were markers buried into the ground (actually there were 2ft lengths of rebar pounded into the corners of my lot). If that's what they used in your area, you might be able to find them or some kind of marker. It's a little known item so that people don't move those markers to their advantage.

What can they do? They can call the police and the police can stop you from doing anything until you get it surveyed.