Neighbor's Fence on my Property?

Question

I will try to make this short - we just moved into our new house 2 months ago and constructed a fence. We jumped through the correct hoops and did as the HOA (homeowner's assoc.) requires (atleast 1 ft off the sides and 10 off the back). We ended up doing 5 feet off the property line all the way around (we got permission to go further in the back).

My neighbor started putting hers up two weeks ago. I was judging by the stakes in the ground from when we moved in (a brand new developement), and her fence cleary crosses that. Should I assume those stakes at correct in showing my the property lines, or do I need to inquire and make sure.

The HOA is supposed to be taking care if this, but the fence has finished construction an nothing has happened. I and the neighbor on the other side are going through the HOA to try and cause as little trouble possible, as we aren't trying to make her angry, just keep property that I am sure is mine. Any advice is appreciated.

What would you do?

I just e-mail the HOA about it while ago and just got a message back from them. They said that she did get her fence approved, but then did not build it according to the plans submitted. She has agreed to remove it within 30 days. So hopefully she will do as she agreed, unlike when she initially decided to install the fence.

So this might not be a problem for too long!

genntri - I have a question about the stakes. You may be able help me a little more since you ahve some experience. The stakes that I am looking at have the lot number written on them, that is why I am assuming they are our property stakes. I know the ones in the front are, b/c the contractor pointed those out, but never specifically said about the back three (I am on an odd shaped lot - a cultisac). I know it is safer to get another survey done, but for right now while the HOA is getting it taken care of, I didn't want to do much more - unless nothing happens. Then I will definately be getting another survey. I am going to measure myself this weekend also. I have all the measurement and layouts and such that we were given at closing.

Answer 1

you must have a recent survey if you just moved in, Take a tape measure and the survey and show the neighbor where her property ends, and agree that it is a simple misunderstanding and won't they please adjust. If you keep it there for too long, it may become and easement and they gain use of the property. Be pleasant but firm. get a lawyer if you must, because an encumbrance like an easement may make it difficult to sell the property later. Do not let this pass it will be a real nuisance the future. Some people try to force an easement on you. I had one neighbor who used may Backyard as a shortcut to park his car in the back. Can you imagine? he frigging just drove through my backyard! when I installed a fence, he tried to prove that he had an easement because the previous owner, a sweet old lady, let him do it, and that I had to remove the fence! There was no easement on the property, So i could happily tell him to forget about it. he actually knocked a bit of the fence down trying to use his side yard, and he had to replace it. All in all it was very unpleasant.

Answer 2

Not all stakes are "Property Corners"
some are witness stakes set distances from other things
(I spent years working with land development)
if you have an actual plat of your land you should be able to determine what is what by verifying measurements yourself with a 100 foot tape
or if that doesnt work a professional may be able to relocate a corner or two without having to charge for a complete resurvey
if you can get the one that did the original setup that should be most advantageous to you

If fence is wrong you can have option of renting the land for like a nominal fee of ten dollars a year until fences wear out and change location when fences are replaced
but if you fail to collect the rent for however many years your state specifies Yes, the land can become according to use theirs
collecting rent retains your right to it on the books just save all your reciepts and the rental agreement which can be recorded at town hall

Answer 3

This is why in Greece we have land surveyors, and we don't put the limits ourselves. You must have some sort of plan and some engineer capable of reading it and tracing it on teh ground. Ask your neighbour politely to work this out together, with teh help of a surveyor, engineer or the HOA. Don't quarrel with her, just explain that you were under the impression you had done it correctly, so you would like to double check and reach a mutually acceptably conclusion, in order to avoid any future problems and claims.

Answer 4

You must find the correct porperty line. If the fence is on your side of the line and you do not demand to have it moved or removed, the property could revert to your neighbor's ownership by way of adverse possession. In other words, if you don't protect your property rights, you could lose them.

Answer 5

Make sure she didn't take your land.
Why would you put a fence inside your boundry and not ON the boundry.