Land Dispute

[lc1962]

SOUTH CAROLINA

The owner of the empty lot behind me is claiming I have an encroachment (my fence) 4 inches into his property. He presented me with a copy of his plat dated 1-12-87 and I presented him with my original plat (that was conducted before buying my house) dated October 8, 1992. My plat shows no encroachment on his property, however, his plat clearly shows my fence line. My house was not built until 1988. How can his plat show a fence line for a house that was not even built yet? I had a new land survey conducted and the surveyor told me, "You have nothing to worry about." I am waiting for the surveyor to send me an updated plat. The owner of the empty lot behind me sent me a registered letter "threatening" to take legal action, based on his plat dated
1-12-87, if I do not remove this encroachment. How are cases like this handled? If he takes legal action, will he be forced to have a new survey conducted on his property? I am willing to work with this man, but he is being unreasonable.

Thank you,
[email protected]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lc1962:
SOUTH CAROLINA

The owner of the empty lot behind me is claiming I have an encroachment (my fence) 4 inches into his property. He presented me with a copy of his plat dated 1-12-87 and I presented him with my original plat (that was conducted before buying my house) dated October 8, 1992. My plat shows no encroachment on his property, however, his plat clearly shows my fence line. My house was not built until 1988. How can his plat show a fence line for a house that was not even built yet? I had a new land survey conducted and the surveyor told me, "You have nothing to worry about." I am waiting for the surveyor to send me an updated plat. The owner of the empty lot behind me sent me a registered letter "threatening" to take legal action, based on his plat dated
1-12-87, if I do not remove this encroachment. How are cases like this handled? If he takes legal action, will he be forced to have a new survey conducted on his property? I am willing to work with this man, but he is being unreasonable.

Thank you,
[email protected] <HR></BLOCKQUOTE>

Wait for your new survey map and then give him a copy of it. He may change his tune about it all if he is reasonable and s common sense. If he takes legal action, he will need his own survey to prove that there in fact is an encroachment. he will be wasting his money since your survey was already completed.