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Fence Encroachment

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Rangzen

Junior Member
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.
 


JETX

Senior Member
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?
Stand on YOUR property and dig up the boundary marker. You don't need his permission on YOUR property.

Or if you are absolutely convinced that the fence is on your property.... and willing to risk your money on that fact.... simply start removing the fence on your property... since it is YOUR fence.

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.
Okay, follow these steps... to protect your rights.
1) Send the neighbor a very nice letter (certified RRR and first class) detailing the issues. Include a copy of your plat survey.
2) Tell him that he has 7 days from receipt to contact you about his removing his 'encroachment' on your property.
3) Close with the statement that if he doesn't remove his encroachment within that time, you will arrange to have it removed for him and that he will be responsible for all costs of removal.

If you do nothing, he will be able to claim 'adverse possession' and 'steal' your property.
 
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