2007-03-02 08:25:07 · 12 answers · asked by Anonymous in Home & Garden ➔ Garden & Landscape
It is possible that in the past, someone erected a fence in the wrong place. It's also possible that the deed to your land or the neighbor's land is written incorrectly.
The first step for you and your neighbor: look at the official records for your respective plots of land. In the US, deeds are usually available at the nearest tax office ot city/town hall.
The deeds may settle the issue, showing that one of you definitely owns that piece of the garden. If the deeds are not clear, then you need a property survey. I suggest that the neighbor should pay for this, since he opened the dispute; tell him that if the survey shows the deeds are in error, you will share the cost of the survery.
If the survey shows that he is the rightful owner, that might not be the end of the story. In the US, if someone has had continuous use of a piece of land for a certain amount of time, even if it belongs to his neighbor, the neighbor cannot legally claim sole ownership, according to the Doctrine of Adverse Possession. But this is something you would definitely need a lawyer for.
2007-03-02 08:46:38 · answer #1 · answered by MailorderMaven 6 · 0⤊ 0⤋
Both Shannon and Connie are right. You will need to go to your county assessors office, but you may also need to get the land surveyed. When you look at the plans which shows the layout of your property, it will show you the direction the property lines go as well as where the property line cuts off, but to get a real feel for this in the physical you may need to physically walk around the property looking at a copy of the plan. Secondly, since you've been in the house since 1991, the land should have surveyed before you moved in and the property line markings would have been put down. If you can remember the little post with little orange flags being in the ground, that would have been there to show the property line. If you are unable to determine the property lines from this information, then you may need to pay a land surveyor to re-survey the land around your house.
2007-03-02 09:50:07 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I bought a 6 year old house about 5 years ago and found the builders had put the fence about 6 feet too far in. Luckily we were on the end of a row so just moved the fence back out, but it is possible it could be wrong.
You should have a copy of your deeds, but otherwise get a copy and get your measuring tape out!
2007-03-02 08:37:22 · answer #3 · answered by finch 5 · 0⤊ 0⤋
This is much more complicated than "someone says". In most residential cases, your lot is surveyed and registred with your county. When you purchase the house (again, in most cases), it comes with a copy of the survey. The survey establishes the boundaries of your lot, so you can build fences, etc.
You can either challenge this "someone" to show you a survey that states that the 5 feet are theirs, or you can comission a survey (there will be a fee) to come, measure and mark the corners of your lot. Then you will know exactly.
Real estate offices can direct you to a local surveyor in your area, or search for a survey service.
2007-03-02 08:34:57 · answer #4 · answered by slaponte 3 · 6⤊ 0⤋
Contact the Land Registry office that deals with your property or go to theoir website - pay £3 to view your deeds and tell them where the boundary is - the physical boundary in place ( a fence etc) is not always the actual boundary.
I just experieinced this and had planning turned down because they thought my fence was my boundary, I actually own a further 4 meters of land.
www.landregistry.gov.uk i think
Good luck
2007-03-03 01:32:09 · answer #5 · answered by bevflower 3 · 0⤊ 0⤋
The survey you received when you bought the house is just a site survey. It only establishes that the house is on the proper lot. It does not establish boundaries. I would consult an attorney immediately! These disputes have a way of getting out of hand. Good luck---
2007-03-02 09:03:11 · answer #6 · answered by connor g 7 · 0⤊ 0⤋
You need to check the Deeds. You might have these, or if you have a mortgage they might be with the Building Society. They will show an outline of your property. Alternatively contact the Land Registry who will also have this info.
2007-03-02 08:33:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
As far as I am aware when you have used the land as your own for twelve years then you have like a squatters right to it. Check with a solicitor but I think they have left it too late.
2007-03-03 22:13:58 · answer #8 · answered by retiredbeep 2 · 0⤊ 0⤋
Go to your county assesors office get a copy or your plans for the house and property
2007-03-02 08:30:38 · answer #9 · answered by shannon.lockwood 2 · 2⤊ 0⤋
contact your local council and they will put you on to land registry, or someone like that, they will come out and tell you your boundries, good luck.
2007-03-02 09:07:16 · answer #10 · answered by ? 3 · 0⤊ 0⤋