neighbor boundry dispute

[boatr01]

What is the name of your state (only U.S. law)? Colorado

After having put up a picket fence two years ago, my neighbor told me that I have to move it because it is on his property. I disagree with him based on:

1) measurements I took which were from the title company document that shows all the boundry lines relative to the corners of the house (ILC?)

2) the fence is on the same line as an existing fence line that has been in place for over 30 years

My question is: Is the burden of proof to show that my fence is ecroaching, on my neighbor? Does he have to pay for the survey if he has a problem with the fence?

Thanks,

E

[FarmerJ]

Or you get your own boundry survey and if it verifys your fence as being on your property then smile and tell the nieghbor your survey shows the fence to fine as it is and if they still do not agree then they need to have a survey of there own and take you to court if surveys do not match.

[HomeGuru]

Originally Posted by boatr01

What is the name of your state (only U.S. law)? Colorado

After having put up a picket fence two years ago, my neighbor told me that I have to move it because it is on his property. I disagree with him based on:

1) measurements I took which were from the title company document that shows all the boundry lines relative to the corners of the house (ILC?)

2) the fence is on the same line as an existing fence line that has been in place for over 30 years

My question is: Is the burden of proof to show that my fence is ecroaching, on my neighbor? Does he have to pay for the survey if he has a problem with the fence?

Thanks,

E

**A: get your own survey and post back.

[maggieco2008]

Does your neighbor have a survey that "proves" that your fence is on his property? How long has the fence been in place?
Someone suggested that you get a survey. I know with my property the property lines are very clear; everything is X feet away from my house. How confident are you that your own assessment of your property boundaries is accurate?
If the fence is indeed on the other person's property, then I am pretty sure he has the right to take it down himself or request that you take it down. So even if he's wrong, but he believes he is right, it is definitely in your best interest that you quickly give him some compelling information to show him that the fence is not on his property. Otherwise he might get motivated and take it down. Then you'd have a bigger problem on your hands.