What is the name of your state (only U.S. law)?
Georgia
We purchased our house Aug 2002. There was an existing privacy fence that was " on the property line".
Our house had been bank owned.. Fence line to fence line the measurement was correct. There was an existing
house on the right(east) side of our property and an empty lot to the left( west). 2006 a neighbor purchased
the lot on the left and built a house. They had a survey done and proceeded to tell us our fence was not on
the property line that we actually had more land. We moved our fence to the left and they connected their
new fence to ours. We gained a few feet everyone was happy. House to the right was purchased by an elderly lady 2004.
She passed 2007. House set empty and changed owners within the family. It became a rental. Fast fwd. Nov. 2012
the house is sold to our current neighbors. The fifth owner since we moved in. He mentioned he couldn't find
the survey pin. Neither could we. Few weeks later he says he found it and our fence is over his property... but states
its no big deal. He puts up a fence on 3 sides and attaches to ours on our side.Fast fwd June 2013 he approaches my husband says he did a
survey and the pin he found is correct he is ready to move the fence.
A little more background information.
The developer of our sub division is bankrupt and a lot of shady practices have been unearthed. Our property line is not
the only one that has been questioned in the sub division. Other neighbors have found incorrect survey pins. multiple pins.
etc... most have been worked out between neighbors with little dispute.
My question is if we can't work it our reasonably, who has a firmer legal standing? him or I? Is the fact that the we have
documented proof the fence has been there for more than 15 years. 10.5 of them while we owned it a strong enough case
to go to court? I know we need to have it surveyed, who pays for it, and can I have more than our property surveyed to insure
the subdivision is accurate? I would put good money on the fact that most houses in my line are 5 to 10 feet off. All other neighbors
have simply realized it and let it be.
Georgia
We purchased our house Aug 2002. There was an existing privacy fence that was " on the property line".
Our house had been bank owned.. Fence line to fence line the measurement was correct. There was an existing
house on the right(east) side of our property and an empty lot to the left( west). 2006 a neighbor purchased
the lot on the left and built a house. They had a survey done and proceeded to tell us our fence was not on
the property line that we actually had more land. We moved our fence to the left and they connected their
new fence to ours. We gained a few feet everyone was happy. House to the right was purchased by an elderly lady 2004.
She passed 2007. House set empty and changed owners within the family. It became a rental. Fast fwd. Nov. 2012
the house is sold to our current neighbors. The fifth owner since we moved in. He mentioned he couldn't find
the survey pin. Neither could we. Few weeks later he says he found it and our fence is over his property... but states
its no big deal. He puts up a fence on 3 sides and attaches to ours on our side.Fast fwd June 2013 he approaches my husband says he did a
survey and the pin he found is correct he is ready to move the fence.
A little more background information.
The developer of our sub division is bankrupt and a lot of shady practices have been unearthed. Our property line is not
the only one that has been questioned in the sub division. Other neighbors have found incorrect survey pins. multiple pins.
etc... most have been worked out between neighbors with little dispute.
My question is if we can't work it our reasonably, who has a firmer legal standing? him or I? Is the fact that the we have
documented proof the fence has been there for more than 15 years. 10.5 of them while we owned it a strong enough case
to go to court? I know we need to have it surveyed, who pays for it, and can I have more than our property surveyed to insure
the subdivision is accurate? I would put good money on the fact that most houses in my line are 5 to 10 feet off. All other neighbors
have simply realized it and let it be.