My wife and I recently bought a house a few months ago ( first time home owners) and discovered a fence encroachment on our recent survey. Encroachment is 150' long tapering from 4.5' to the actual property line over the length. We have a few, probably fairly common questions, regarding the whole situation. When first contacting the neighbor, they stated that they would move the fence to the proper boundary. Our plan is to fence in the rest of our yard and we had planned on connecting to the fence that is encroaching once it was moved to the proper location. Now the neighbor states that they don't want the fence anymore and will just remove it. This would cause us to run a whole new fence on that side of the yard, so here are some of the questions that we have:
- Do we own the section of fence that is on our property? If so, would it then be illegal for them to tear it down without our permission?
- If they are stating that they no longer want it, should there be some kind of document stating that we now own the fence?
- If we continue with moving the fence, should they be required to pay for that?
- By the neighbor saying " we don't want the fence anymore", is that a legal way of getting out of the situation financially?
- Should they be held responsible for the cost of resurveying the property line after the fix? Current survey shows fence encroachment, which we are trying to remove
Thanks in advance for any help, and my apologies if these questions have been answered many times before. I did some searching but each situation seems to be fairly unique.
- Do we own the section of fence that is on our property? If so, would it then be illegal for them to tear it down without our permission?
- If they are stating that they no longer want it, should there be some kind of document stating that we now own the fence?
- If we continue with moving the fence, should they be required to pay for that?
- By the neighbor saying " we don't want the fence anymore", is that a legal way of getting out of the situation financially?
- Should they be held responsible for the cost of resurveying the property line after the fix? Current survey shows fence encroachment, which we are trying to remove
Thanks in advance for any help, and my apologies if these questions have been answered many times before. I did some searching but each situation seems to be fairly unique.