FENCE ON NEIGHBORS PROPERTY

[mka]

I PUT UP A FENCE AROUND MY BACK YARD, MY NEIGHBOR CLAIMED THAT ONE SIDE OF IT WAS ON HER PROPERTY. SHE EVEN HAD A LETTER SENT TO ME BY HER LAWYER. I DID NOTHING AS I FELT THE FENCE WAS ENTIRELY ON MY PROPERTY. SEVERAL MONTHS LATER I GOT A LETTER FROM THE CITY ABOUT THE FENCE BEING IN MY NEIGHBORS YARD. I PHONED THE CITY AND WAS TOLD THAT THE ONLY WAY TO FIND THE PROPERTY LINE WOULD BE TO HAVE THE LOT SURVEYED. THE CITY OFFICAL SAID IF I WAIT UNTIL LATE SUMMER WHEN THE SURVEYRS ARE NOT SO BUSY I SHOULD BE ABLE TO FIND ONE TO COME OUT AND DO JUST THE ONE SIDE OF MY PROPERTY AND SAVE ME SOME MONEY. A FEW WEEKS LATER I GET ANOTHER LETTER FROM THE CITY SAYING THAT THEY HAVE LEGAL PROOF THAT MY FENCE IS OVER MY PROPERTY LINE, MY NEIGHBOR WENT AND HAD HER ENTIRE LOT SURVEYED ON HER OWN. THE SURVEY STATES THAT MY FENCE IS INDEED 12" ON MY NEIGHBORS PROPERTY. I PHONED THE CITY AGAIN, WE AGREED THAT I WOULD HAVE THE FENCE MOVED WITHEN FOUR WEEKS. THREE WEEKS LATER I MOVED THE FENCE OVER 29" ON TO MY PROPERTY. I THOUGHT THIS WAS THE END, BUT THREE MONTHS LATER I GET A LETTER FROM MY NEIGHBOR REQUESTIG $510 FROM ME. $210 FOR THE LETTER FROM HER LAWYER ASKING ME TO MOVE THE FENCE (THIS WAS SENT TO ME THREE MONTHS BEFORE THE LOT SURVEY WAS DONE.) AND $300 FOR THE LOT SURVEY (SHE HAD HER ENTIRE LOT SURVEYED ON HER OWN). DO I LEGALLY OWE HER ANY $$$$ ?

 

[LorettaL]

She certainly can ASK that you pay for her costs associated with this whole mess but as for whether or not you are legally obligated to pay that's another thing entirely. You should ask the local city attorney for his opinion; there may be a state or municipal code that governs this matter. In my experience, absent an agreeement to the contrary, the landowner who undertakes the survey does it on his own dime. My same advice goes for the attorney but check with the City attorney or local attorney first. Many attorneys give an initial consultation for little or no money.