Survey shows neighbors fence on my property

[RnK]

What is the name of your state?What is the name of your state?What is the name of your state? Florida, Lee County

We just purchased the house that we have been renting for the last year. During the process of getting our loan they had a land survey done. We then found out that our neighbors fence is Encroaching on our property buy a foot and half in front and 6 and a half feet in the back. The bank didn't require that the fence be moved prior, but suggested that we get it taken care of soon.
How do we go about getting it moved. The other question is that they have someone living in an camper/trailer right next to the fence. Is this legal? How do I give notice that it has to be moved, and that we want the fence moved as well. I want to make sure that I do everything by the book, however I don't know where to start. I know that since the fence is on our property we can move it, but right now we can't do that since they have a camper/trailer almost right next to the fence. That is a lot of extra space that our little girl could have in a back yard that was small to begin with.

 

[Caterina82]

In my state (New Mexico) the type of survey your lender most likely required is called an Improvement Location Report. I believe if you look at it closely, there should be the verbiage 'Not for use by the homeowner'. So, this gives you a real good idea that the fenceline is off, and it probably is enough to alert your neighbor that you could both benefit from a staked survey.

Tough way to meet the new neighbor isn't it? Hat and survey in hand, 'Hi! My name is..........and we have something sticky to discuss.' The staked survey will physically show the corners of the lot and have markers or monument of some sort installed, usually a capped stake driven into the ground. There will be no question after this is completed just where the fence (and his camper) lie. While both parties will benefit to know the truth, it may be you footing the bill for the surveyor. If things go ugly, this side of the dilemma would best be fought out by a good real estate attorney.

Next issue, the camper. Check ahead of time with your County and/or city zoning department. Find out if there are laws regarding a temporary trailer used as a residence, and what kind of permits are required. Find out if your neighbor has any zoning compliance issues regarding this guest set up. If so, you can bring it up to him/her in person, tattle on him/her to the zoning officer, or choose to bargain with it on your fence dilemma. This side of the issue would be handled by your local zoning compliance officer assuming there is a violation and your neighbor decides to be stubborn.

Remember, you have to live next door to this person, so I'd make every attempt to keep relations as friendly and above the board as possible. If things turn south inspite of your efforts, you'll at least know you've done all you can.

I'm not an attorney, just work in the real estate industry.

 

[RnK]

I went back and looked at the papers we have, and I do not see that on there ("'Not for use by the homeowner')". The copies of the survey we were given say boundry survery at the top, and show everything on our property and the measurements. Plus they actually marked the poperty line with stakes with orange flags, and orange spray paint at all corners. And we have papers that state there is an encroachment on our property and by how much. We were told that we should move the fence to the fence line so that it will be the property line. I do plan on calling tomorrow to see what I can find out, and also what they recomend. My concern is that once we talk to them and let them know the situation that they won't comply, and I want to know ahead of time what my rights are.
The camper is definatley on our property, as well as some other things. I am just not sure how I go about notifying them that it needs to be moved, and if they don't comply what I do to make them. We have no problem moving the fence, but that can't be done until the trailer is moved.
Thank you for letting me know where to start though, I will be calling County and/or city zoning departments tomorrow. To find out if there are laws regarding a temporary trailer used as a residence, and what kind of permits are required. They have had her living there since we moved in, and thats been over a year... And the person we bought it from said someone has been living it since he bought this house as well. Thank you again for your advise. I am definately wanting to make every attempt to keep relations as friendly and above the board as possible. So that if things do turn south inspite of our efforts, we'll at least know we've done all we can.

 

[Caterina82]

Well, fortunately, it sounds as though you already got a staked survey. This is somewhat unusual in a subdivision setting for a purchase situation. It's a great thing in your case, as you won't have to pay for another survey. Usually what is done is the 'survey lite' (ILR) merely to show the lender that the dwellings and permanent structures aren't encroaching on your property or you onto your neighbors.

Your rights are to have full access to your property, and if you can't work it out with them in a friendly way, they need to be enforced in court. As long as your zoning officer is responsive, (assuming your municipality has laws governing temporary trailers used as residences) that part should be minimally difficult. A public employee is already in place to handle this type of situation.

Best of luck to you!

 

[BelizeBreeze]

Christ people, let's get simple here.

Write the offending parties a CERTIFIED (RRR) letter demanding they move the fence to their property per the enclosed survey within 10 days or you will have it removed from your property and sue for costs.

 

[Caterina82]

Well, I suppose that would be another method of approach. I imagine it all depends on how friendly and comfortable you'd like to feel living next to that person in the future. Hearing about the semi-permanent relative in the camper, I'm not placing a high level of hope that the rest of their 'lifestyle' isn't annoying (read Sanford and Son), but I usually try to give the benefit of the doubt prior to the bulldozer method. To each his own.