property's with set markers

[azelia]

What is the name of your state? CA
I bought my home in late February 2004, in my yard I have the original set marker of when the track was built. Before I bought the house I rented it for many years. Now that I own it I would like to recover the property lines. One neighbor is over by one foot (this fence was recently built by the current owner less than 2 years ago) and it is not a good neighbor fence. Can I make her move the fence?
The other neighbor is over by 4-5 inches, a much older fence in which my ex built about 15 years ago, also not a good neighbor fence. A new fence will be needed soon do I need a survey to adjust the fence line?

 

[Meursault]

A survey will defray the (hopefully) expense of contacting an attorney to write a cease and desist letter and possibly litigation to force removal of the offending fences.

 

[HomeGuru]

What is the name of your state? CA
I bought my home in late February 2004, in my yard I have the original set marker of when the track was built. Before I bought the house I rented it for many years. Now that I own it I would like to recover the property lines. One neighbor is over by one foot (this fence was recently built by the current owner less than 2 years ago) and it is not a good neighbor fence. Can I make her move the fence?
The other neighbor is over by 4-5 inches, a much older fence in which my ex built about 15 years ago, also not a good neighbor fence. A new fence will be needed soon do I need a survey to adjust the fence line?

**A: yes, you need a survey. And if there are encroachments, the attorney needs the survey also.

 

[azelia]

legal and binding

I went to the county recorders office and was given the offical map of the subdivision. I was told there that this document is legal and binding. Being that I have the set marker in my yard there is no question to where the property line is. I have sent a letter requesting the fence to be replaced and to comply or legal action will be taken.

 

[jimmler]

I went to the county recorders office and was given the offical map of the subdivision. I was told there that this document is legal and binding. Being that I have the set marker in my yard there is no question to where the property line is. I have sent a letter requesting the fence to be replaced and to comply or legal action will be taken.

The only thing official about the Plat is that it is recorded. How do you know that what you found is a corner? Is it marked with a surveyors name and registration number, and say what lots it is the corner of? Do you have all the corner markers, and have you checked the distances between them to see if they match the plat? Have you checked your neighbors corner distances on all sides to see if they match the plat? This is what the surveyor will do.

You really should call the surveyor who did the original subdivision plat and have them verify your corners in the field before you try to make your neighbors tear their fences down.

The cost of the survey for piece of mind would be a lot less than the future litigation after your neighbors have a survey done and find out you were relying on a dog stake to put up your new fence.

I am not a lawyer, I have been in surveying for 15 years.