Property Line Dispute

[Sherrie E]

We purchased a home 9/01. The fence blew down in the last storm. We discussed with our neighbor and were going to split the cost of the fence which was to be installed today.

The neighbor faxed us this morning that he feels the old fence was 20 inches on his property. The current fence had been standing 20 + years (the house is 60 years old). He now wants us to move the fence over 20 inches to our side which will prevent us from opening the car door to get out. What is our recourse. We each brought our properties thinking the property line was the fence.

Sherrie

 

[HomeGuru]

And where is your survey? That is the only way to determine the boundary lines.

 

[Sherrie E]

California

This is the first time we have bought a house....were we suppose to have a survey done or was it part of the real estate transaction

 

[HomeGuru]

Yes, if you followed the proper due diligence, the survey would have been done as part of the real estate transaction.
If you did not use a Realtor or real estate attorney, shame on you. If you did, shame on them.

 

[Sherrie E]

Yes...we did use a Licensed Realtor but I looked through my paper work and we do have the track map showing the dimentions of the lot but not a surveryor's report. If the fence had been there the last 20 + years does adverse possession come into play. Do we have to share in the cost of a surveryor with the neighbor? Are we mandated by law to pay for 1/2 of the fence?

 

[HomeGuru]

Yes...we did use a Licensed Realtor but I looked through my paper work and we do have the track map showing the dimentions of the lot but not a surveryor's report.
A: you needed a current survey.


If the fence had been there the last 20 + years does adverse possession come into play.
A: Possibly.

Do we have to share in the cost of a surveryor with the neighbor?
A: no.

Are we mandated by law to pay for 1/2 of the fence?
A: no.