What is the name of your state (only U.S. law)? Oregon
My neighbor on the left had built his fence about 3 and half feet on to our property. He wants me to do a survey but when I asked him if he would split the cost, he tells me that he is not in a hurry to get the survey done. Basically he wants me to spend money for the survey. Anyway, I don't think that I need a survey 'cause this is a new sub-division and many of the houses are built in 2003. I have a copy of the survey plat in my property papers which shows where all the boudary markers are. I have found the two boundary markers (one in the front and the other on the back of our property) between another neighbor and when I measured the property it is approximately 3 and half feet short. I tried to locate the boundary markers between our property and the encroaching neighbor, the metal detector detects something where the actual boundary should have been (which is about 3 and half feet from where the fence is built and where the hedges are planted which divides our front yards).
I was wondering if I could go ahead and start digging to find the property boundary marker without asking the nieghbor's permission or do I need his consent on this though it will look like I am digging on his property but actually insn't? Please advice.
I have spoken to him about the encroachment and he had said that he will move it but never did. I did some measurements and am certain that his fence encroaches on my property. I even tried mediation but failed 'cause he didn't return their calls.
Please help.
My neighbor on the left had built his fence about 3 and half feet on to our property. He wants me to do a survey but when I asked him if he would split the cost, he tells me that he is not in a hurry to get the survey done. Basically he wants me to spend money for the survey. Anyway, I don't think that I need a survey 'cause this is a new sub-division and many of the houses are built in 2003. I have a copy of the survey plat in my property papers which shows where all the boudary markers are. I have found the two boundary markers (one in the front and the other on the back of our property) between another neighbor and when I measured the property it is approximately 3 and half feet short. I tried to locate the boundary markers between our property and the encroaching neighbor, the metal detector detects something where the actual boundary should have been (which is about 3 and half feet from where the fence is built and where the hedges are planted which divides our front yards).
I was wondering if I could go ahead and start digging to find the property boundary marker without asking the nieghbor's permission or do I need his consent on this though it will look like I am digging on his property but actually insn't? Please advice.
I have spoken to him about the encroachment and he had said that he will move it but never did. I did some measurements and am certain that his fence encroaches on my property. I even tried mediation but failed 'cause he didn't return their calls.
Please help.