Property line dispute involving a fence (Indiana)

[mbowers]

My neighbor sent me a certified letter telling me to move my fence because it is 6 inches over onto his property. If I don't, he is threatening removal of the fence and legal action against me for the cost. Facts about the case:

INDIANA

-Fence which encloses my yard was erected approx. 7 years ago by previous owners. They think a survey was done at the time, and the fencing company should have installed it inside the line.

-I moved in approx. 4 years ago knowing nothing of this possible encroachment.

-The neighbors moved in about 1 1/2 years ago, knowing this was an issue. They closed on the house and dug up the permanent boundary markers. They are now sticking 6 inches out of the ground and the fence is clearly on his property (unless he moved the markers).

-Certified letter includes their survey which clearly shows the fence over the property line.

-There is a telephone pole touching the fence on my side of the fence.

What are my rights?? I really don't mind moving the fence, but I don't think I should have to pay for it. I'd rather just leave it alone, but it might be easier to just move it, since I have to live next to them. Sorry this is so long, just trying to get all the facts out there.

Thank you very much,
Melinda Bowers

 

[HomeGuru]

My neighbor sent me a certified letter telling me to move my fence because it is 6 inches over onto his property. If I don't, he is threatening removal of the fence and legal action against me for the cost. Facts about the case:

INDIANA

-Fence which encloses my yard was erected approx. 7 years ago by previous owners. They think a survey was done at the time, and the fencing company should have installed it inside the line.

-I moved in approx. 4 years ago knowing nothing of this possible encroachment.

-The neighbors moved in about 1 1/2 years ago, knowing this was an issue. They closed on the house and dug up the permanent boundary markers. They are now sticking 6 inches out of the ground and the fence is clearly on his property (unless he moved the markers).

-Certified letter includes their survey which clearly shows the fence over the property line.

-There is a telephone pole touching the fence on my side of the fence.

What are my rights?? I really don't mind moving the fence, but I don't think I should have to pay for it. I'd rather just leave it alone, but it might be easier to just move it, since I have to live next to them. Sorry this is so long, just trying to get all the facts out there.

Thank you very much,
Melinda Bowers

**A: the root of the problem is that you did not order a survey when you bought. So you must either order one now to verify the fence encroachment, or accept the neighbors survey. Presuming the neighbor's survey is correct, you should move your fence.