fence

What is the name of your state? WA

My new neighbor says our fence is one foot on his property. The fence has been there for 25 years. There is a huge tree and plenty of mature landscaping that prevents the fence being easily moved one foot. Our property was recently surveyed for an unrelated boundary issue and the survey shows our boundary to be this fence in question. In fact, they found metal rebar marker one foot past the fence. Can I stop the neighbor from moving the fence?

Ted said:

What is the name of your state? WA

My new neighbor says our fence is one foot on his property. The fence has been there for 25 years. There is a huge tree and plenty of mature landscaping that prevents the fence being easily moved one foot. Our property was recently surveyed for an unrelated boundary issue and the survey shows our boundary to be this fence in question. In fact, they found metal rebar marker one foot past the fence. Can I stop the neighbor from moving the fence?

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You have a survey that states the fence is at the boundary line, correct?

What does the neighbor have to prove that your survey is wrong? If he has nothing, then of course you can stop him. If he wants to dispute, he will need to get a survey that shows something different than yours, then you can both go to court and let the judge decide which is right.

BTW: the rebar is inconsequential. The surveyor wil find the boundary lines using established and accepted markers. Who knows who put the rebar in the ground.