My neighbor is building a fence on my property

[Larotax]

What is the name of your state (only U.S. law)? WA
My neighbor is trying to build a fence around his property. Problem is that he has never had a survey done to discover where his property lines actually are. My property however, has been surveyed. The survey of my property shows that I actually own not only where he is trying to put the fence but also part of his driveway. Unfortunately, when his driveway was paved over, so was the brass marker. My neighbor argues that the line is instead marked by two old rotting fence posts in the back yard. I told him I would call the sheriff if he did not stop. I put up no trespassing signs and insisted that he get his own survey before continuing. He got a surveyor to come out. When I asked the surveyor about it, he said my neighbor had told him, "My neighbor and I are rebuilding the old fence," and just asked him to make a line forward from the old fence posts. Now that he had a "survey" he is continuing work on the fence. What can I do? Making him get his own survey was my best idea but he didn't actually get one. What is my next step?

[Larotax]

I would hire a surveyor myself but I can't afford it. I feel like since he is the one who wants the fence, he should have to pay to find out where it should be. Is this correct legally? Or can he just build on my property until I prove it isn't his?

[Banned_Princess]

I don't know.

Good fences make the best neighbors.

[drewguy]

You can demand removal of the fence. You can sue him for damages, including the cost of resurveying and the cost of removing his fence. Small claims court is likely the best option because it's usually inexpensive and accessible to non-lawyers.

Do a search for "fence" here and you will get many posts from people in similar situations.

[efflandt]

Depending upon whether you are in a municipality that has ordinances and zoning (or rural) a fence might need to have a setback from the property line unless it is a shared fence. So you may want to research that (or whether a plan or permit is required). Do the legal descriptions of the properties match for that boundary?

If you have an existing survey that shows the locations of dwelling or other buildings, that would carry more weight than old rotting fenceposts from who knows what. Unless the legal discription mentions "within existing fence lines" and those posts are between the properties, they might not have any significance for side boundaries (like if they are at the back of the property or from someone who owned the entire property in bulk before it was divided and just had fences within their property).

[longsally111]

let him finish the fence, then get a survey and have the lines marked, then write him a letter rrr and tell him that he is over the property line and demand the removal of the fence within 30 days or you will have it removed and sue him for the cost.

[drewguy]

Originally Posted by Larotax

I would hire a surveyor myself but I can't afford it. I feel like since he is the one who wants the fence, he should have to pay to find out where it should be. Is this correct legally? Or can he just build on my property until I prove it isn't his?

Just to comment on this point . . . he *should* get a survey, but unless a town/county ordinance requires it he can take the risk that he's right. Of course, that's probably a stupid risk to take since moving/rebuilding the fence is a lot more costly than a survey.

Yes, it's somewhat unfair to you that you would have to pay for the survey to prove he is over the property line, but that's the way it goes. The law provides an incentive for him to get a survey, but if he doesn't respond to those incentives he'll have to pay in other ways.

[154NH773]

If the original marker was paved over, and you know its' approximate location, a metal detector may be able to find it. You can rent a metal detector at many rental shops.
Find the location and dig through the paving to expose it. Have an impartial witness, maybe a policeman, observe your uncovering of the marker.
The advice from the other posters is good and should be followed.

[Cedrus]

Put all your concerns and observations in a letter and send it to the neighbor. Certified Mail, Return Receipt.