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Fence Problem

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C

cam530

Guest
What is the name of your state? Washington

Okay, here's another fence problem/question. I have lived in my home for 12 years and I've had 3 different neighbors who've owned the property next to me. Originally, my neighbor's (#1 owner) property was wooded, and there was a tree with a survey flag attached to it, and that is the boundary line we both respected. Now, neighbor #1 sells property to Neighbor #2. Neighbor #2 has trees cleared, and they remove tree with boundary flag, and place metal post into place where boundary flag was. Neighbor #2 puts up fence and uses metal post as boundary line, comes to me and tells me he put the fence about a foot or so into his side, so as to be sure fence is on his property and not mine. He now removes metal post. His fence is a temporary kind of fence for his horses; simply metal stakes and electrical tape. So, after he puts up his fence, I put up a white rail, vinyl fence, that runs at a 90 degree angle to his that crosses my property, and I stop my fence where his begins. It's been that way now for about 2 years. About a year ago, Neighbor #2 (dad) sells his property to Neighbor #3 (his son). Neighbor #3 has lived there for a year or so now, has never mentioned the fence or the property line until today. He now comes over and tells me that he wants to put up a more permanent fence, but that he thinks my permanent vinyl fence is encroaching onto his property by about 15 feet. He threatens that if I don't have it moved, he'll just bulldoze it down, since it's on his property.

I explained to him that there's really no way to no where the property line is exactly, since his dad (Neighbor #2) removed the survey stake, and also it was his dad who put up the fence in the first place, and I simply ran mine up to where his dad already had his installed. I told him his dad and I had agreed, and that if he wants to change it, he needs to get a survey done to determine the exact boundary lines.

So what happens now if the survey shows that my fence (which is permanent) actually runs into his property? Do I have any rights to leave the fence where it is, since the original neighbor who owned the property agreed to the property line by installing his fence first?
 


BelizeBreeze

Senior Member
So what happens now if the survey shows that my fence (which is permanent) actually runs into his property?
And here's your 'another fence line' answer: You take down your fence where it runs into the neighbor's property.

Simple huh?
 

HomeGuru

Senior Member
cam530 said:
What is the name of your state? Washington

Okay, here's another fence problem/question. I have lived in my home for 12 years and I've had 3 different neighbors who've owned the property next to me. Originally, my neighbor's (#1 owner) property was wooded, and there was a tree with a survey flag attached to it, and that is the boundary line we both respected. Now, neighbor #1 sells property to Neighbor #2. Neighbor #2 has trees cleared, and they remove tree with boundary flag, and place metal post into place where boundary flag was. Neighbor #2 puts up fence and uses metal post as boundary line, comes to me and tells me he put the fence about a foot or so into his side, so as to be sure fence is on his property and not mine. He now removes metal post. His fence is a temporary kind of fence for his horses; simply metal stakes and electrical tape. So, after he puts up his fence, I put up a white rail, vinyl fence, that runs at a 90 degree angle to his that crosses my property, and I stop my fence where his begins. It's been that way now for about 2 years. About a year ago, Neighbor #2 (dad) sells his property to Neighbor #3 (his son). Neighbor #3 has lived there for a year or so now, has never mentioned the fence or the property line until today. He now comes over and tells me that he wants to put up a more permanent fence, but that he thinks my permanent vinyl fence is encroaching onto his property by about 15 feet. He threatens that if I don't have it moved, he'll just bulldoze it down, since it's on his property.

I explained to him that there's really no way to no where the property line is exactly, since his dad (Neighbor #2) removed the survey stake, and also it was his dad who put up the fence in the first place, and I simply ran mine up to where his dad already had his installed. I told him his dad and I had agreed, and that if he wants to change it, he needs to get a survey done to determine the exact boundary lines.

So what happens now if the survey shows that my fence (which is permanent) actually runs into his property? Do I have any rights to leave the fence where it is, since the original neighbor who owned the property agreed to the property line by installing his fence first?
**A: so tell us why you did not get a survey before installing your fence?
 

HomeGuru

Senior Member
A total of 3 neighbors plus the writer, which makes 4 separate landowners, and not one of them has the smarts to get a current survey?
 

mm447

Junior Member
If the survey shows your fence is on his property, he can tear it down. It's that simple. You really need to get the survey done in order to sort this out. No "agreement" you had with his Dad is valid.
 

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