What is the name of your state (only U.S. law)? Georgia
I live in the state of Georgia and purchased a lot 3.5 years ago. At the time we purchased the lot - a deed and the recorded survey/plat was provided. This lot was a part of 53 lots in a planned subdivision.
We have since built a house on this lot and subsquently this past year purchased the adjoining lots on either side our current home.
We continued to have problems locating the back markers (which butt up against some pasture land) and discovered recently (after having a boundary survey acocmplished to locate the markers) that the pasture fence is encroached on our lots up to 5 feet on one corner, up to 17 feet on the opposite corner.
We have since heard that the pasture owner has disagreed with the property lines though we are unaware of this personally - The land was sold by this pasture owner to the developer sometime in 2006 and we understand the fence (a wire cattle like fence) was put up sometime around then as I do recall that there were cattle in the pasture the first year we bought our lot in Spring of 2007 however the cattle were removed before the end of the year.
I suspect now that the cattle fence was put up sometime in 2006 by the pasture owner as an excuse to obviously fence in his very small herd - but also to start the clock for adverse possession. As I mentioned, the cattle disappeared by the fall of 2007.
We contacted the tax assessor's office who referred us to the zoning/planning office who indicated that if we provide the plat and survey -they would have the county marshall contact the pasture owner and give them a deadline to remove or relocte the fence and we plan on providing this info next week, but I have this sinking suspicion that the county marshall will defer any action and cite this is a civil issue - thereby causing us to potentially have to seek other legal mesures.
My question are several fold.
What legal right do we have on removing the fencing that crosses over into our lots?
What legal right do we have on putting up fencing that dissects into their fence (e.g. cut it off).
What other actions should be take (e.g. written notification to the owner that they have fencing on our lots and to please take action to remove?)
Main thing I am trying to accomplish is something that would stop any attempt to take possession of these portions of our land through "adverse possession".
This pasture owner has been contacted by another new lot owner who recently purchased two other lots it he has purportedly told the lot owners he didn't agree with the survey and would have another done. Unsure what "new" survey he would/could have done that would be different than was is currently recorded. But this is how we were aware that he didn't agree with the bounderies. I also think he may be delaying any action to reach the statute of limitations (7 years) so he can claim possession of the land through adverse possession.
Am I over- reacting?
HELP!
I live in the state of Georgia and purchased a lot 3.5 years ago. At the time we purchased the lot - a deed and the recorded survey/plat was provided. This lot was a part of 53 lots in a planned subdivision.
We have since built a house on this lot and subsquently this past year purchased the adjoining lots on either side our current home.
We continued to have problems locating the back markers (which butt up against some pasture land) and discovered recently (after having a boundary survey acocmplished to locate the markers) that the pasture fence is encroached on our lots up to 5 feet on one corner, up to 17 feet on the opposite corner.
We have since heard that the pasture owner has disagreed with the property lines though we are unaware of this personally - The land was sold by this pasture owner to the developer sometime in 2006 and we understand the fence (a wire cattle like fence) was put up sometime around then as I do recall that there were cattle in the pasture the first year we bought our lot in Spring of 2007 however the cattle were removed before the end of the year.
I suspect now that the cattle fence was put up sometime in 2006 by the pasture owner as an excuse to obviously fence in his very small herd - but also to start the clock for adverse possession. As I mentioned, the cattle disappeared by the fall of 2007.
We contacted the tax assessor's office who referred us to the zoning/planning office who indicated that if we provide the plat and survey -they would have the county marshall contact the pasture owner and give them a deadline to remove or relocte the fence and we plan on providing this info next week, but I have this sinking suspicion that the county marshall will defer any action and cite this is a civil issue - thereby causing us to potentially have to seek other legal mesures.
My question are several fold.
What legal right do we have on removing the fencing that crosses over into our lots?
What legal right do we have on putting up fencing that dissects into their fence (e.g. cut it off).
What other actions should be take (e.g. written notification to the owner that they have fencing on our lots and to please take action to remove?)
Main thing I am trying to accomplish is something that would stop any attempt to take possession of these portions of our land through "adverse possession".
This pasture owner has been contacted by another new lot owner who recently purchased two other lots it he has purportedly told the lot owners he didn't agree with the survey and would have another done. Unsure what "new" survey he would/could have done that would be different than was is currently recorded. But this is how we were aware that he didn't agree with the bounderies. I also think he may be delaying any action to reach the statute of limitations (7 years) so he can claim possession of the land through adverse possession.
Am I over- reacting?
HELP!