Land Survey - issues with neighbors

Well we are looking over our paperwork specifically our land survey and realize we think our two neighbors have their fences in our yard. I asked a few people and they said it looks like our back neighbor's fence is in our yard about two and half feet and our side neighbor is in our yard about two feet as well. I think I am going to go down to the village and verify this since I have no clue on what I am looking at but what do you think I should do?

I do not want to rock the boat but two feet is a pretty big chunk in my mind. I didn't plan on putting a fence up yet but wanted to by the end of next year should I approach the neighbors then and say hey i will take your fence down put mine up (nice side facing them) and that we noticed their old fence is in our yard? Or should I say something soon?

Re: Land Survey - issues with neighbors

I would be wondering why your attorney didn't bring this up before you bought the house.

Aren't these things supposed to be checked during the buying process? Two feet on all sides is a lot IMO.

Also what made you determine they are actually indeed two feet on your property? Did you measure the distance?

Re: Land Survey - issues with neighbors

That's something your atty should've brought up before closing. We had the same issue except our fence was too far INSIDE our property line and the neighbor was using the exposed land. Before we closed the seller's atty had to get an affadavit signed by the neighbor stating that they were aware it was not their property and that they would make no claim to it.

Maybe you should contact your atty who did your closing.

Re: Land Survey - issues with neighbors

Oh just peachy! He didn't even mention it to us, we didn't see the survey until he sent us our closing statement after we closed. We were not even told when the survey was done so we had the opportunity to be present and the company (survey) didn't put markers down.

Not happy right now - I guess I should verify with the town to see if I am write and contact my lawyer.

Re: Land Survey - issues with neighbors

I used to work for a real estate attorney and this is definitely something that your attorney should have noticed and brought up.

Is this a new survey? Was a survey inspection done? The surveyor should have noted this in his inspection.

In some towns (I'm not sure where you live) there is a rule that your neighbor may encroach onto your property a certain number of inches.

Also- just wanted to add- once you get this cleared up and do put up your fence- there is NO rule that states the "nice side" or front must face your neighbors property. You paid for it- you can look at the nice side!

Re: Land Survey - issues with neighbors

It is a new one done on Sept 10 for our title company. I am not sure about an inspection. I have it on hand via pdf it is just a drawing with notations, etc. I have no clue what I am looking at of course. I fear this might be too late to have anything done - ****** off right now. How would I know for sure if there is an issue, i mean I can't read a survey.

Re: Land Survey - issues with neighbors

Re: Land Survey - issues with neighbors

FM AGAIN.

Re: Land Survey - issues with neighbors

definitely contact your atty and good luck!!!!!

Re: Land Survey - issues with neighbors

Re: Land Survey - issues with neighbors

I think you should contact your surveyor to see if he remembers a fence being on your property. If the fence is on your property then it should be clearly labeled on the survey. The fence would be shown as a 2' off set from the property line. I can't imagine him not telling you about it knowing that this survey is for a closing.

Does the fence look like it's been there for a long time? If it does, it might be "grandfathered". You can ask about that when you go to the town. Each town has a different code.

Re: Land Survey - issues with neighbors

Re: Land Survey - issues with neighbors

Re: Land Survey - issues with neighbors

Message edited 11/30/2009 8:14:13 PM.

Re: Land Survey - issues with neighbors

My attorney said something to me about if a neighbor's fence has been on your property for something longer than like 10 years then it becomes their property. I never really looked into it but you might want to find out.

Re: Land Survey - issues with neighbors

These are the kinds of things that I wouldn't rest on the opinion of non-experts. We can all give you our opinions and things we heard but it doesn't amount to much in the eyes of your town code or legal proceedings.

First thing I would do is measure. And then measure again. And again. Consider if there are shrubs and trees on the line where your property actually ends. When we put up our new fence, we opted to put it a foot or so inside our property because there were numerous trees that we didn't want to disturb.

What kind of fences are on the encroaching sides - wood stockade? Is there a chance your neighbors would welcome a fence replacement, esp if they weren't paying for it? I think they would be more apt to welcome a change if you're improving their view and not replacing a white PVC with a wood stockade, you know? I'm not saying you should only do what pleases them, I'm saying if you do have an issue that you need to resolve, it would be worth it to consider that so you avoid issues.

Good fences make good neighbors. Good luck.

Re: Land Survey - issues with neighbors

thank you all for the opinions and advice. I am thinking its not that much over now but I contacted my lawyer (who hasn't responded yet) and i am not going to try to contact the survey company again to see if they can tell me. The measurements are VERY hard to read on this thing so I am not sure if its inches, feet, or what is the actual edge, etc. I have to say to those buying a house please ask your lawyers to address this before closing. Mine never told us that the survey was being done and I would of liked to have been there in person to see it and had someone visually show me where our lines were.

THank you all again!