Can I just take down my fence and put it where it supposed to go, or should I get a land surveyor first.?

Question

I am having problems with my neighbor on where the property line is. I bought my house over 8 years ago, before I moved in, a utilities company took down the back fence and layed down their lines and never put the fence back up. When I moved in, I put up a temporary fence, but it was not put in the proper place as the original fence losing about 4 feet of my land, now I am having trouble with the company that is behind my house, saying that it is their land and will not let me or my family cross behind my house where it is still my property. Can I just take down my fence and put it where it supposed to go, or should I get a land surveyor first to prove that it is my property?

Answer 1

See if there is already a survey recorded with your deed or a prior deed; the clerk at the courthouse can help you.

Look for the surveyor's "Pins" used to mark the line of survey between properties; that will tell you what you own.

Last; it may need a survey if it's not in a subdivision with a plat that shows the lines or if there is no recent survery

Answer 2

Much depends on where you live.

Yes! You will want a certified land surveyor to place permanent (cement) boundary markers on the boundaries of your land.

However, you will also need to check with your city's zoning board and/or building inspector to verify whether there is a "set-back" requirement as well as a vertical and/or aestheic limitation on the type of fence you want to erect. You may need to apply for a "zoning variance (exception)" if what you need is outlawed by local building or zoning ordinance.

If this is too complex to readily handle, You can consult an attorney although if you give yourself some time you should be able to to go through a thorough checklist PRIOR to the construction of a fence.

There may also be an issue raised by the adjacent landowner that the area wbetween where the fence is now & where it is supposed to be by deed has been used without by the adjacent landowner without dispute by you or the person(s) who owned the land before you.

Although this may seem trivial and unjust, it will probably have to be heard in court.

Usually, the landowner who suffers "encroachment" by an adjacent landowner has a duty to raise the issue/dispute in a timely manner. If it is left without dispute, common law frequently holds that there is no dispute, even though a subsequent property owner may want to assert ownership rights over the "encroached" land.

Answer 3

The only difference between gays and straights is the gender of the person they are attracted to and fall in love with. They are just people, they go to work, pay taxes, some have kids others don't, some go to church others don't, some have pets others don't, some live with their SOs in life long partnerships and others don't. Just like any other person. Except they sleep with a person of the same sex. And sometimes get bullied, yelled at, or told they are wrong and unnatural. No one woke up one morning and thought, "Hm, my life isn't complicated enough, maybe I should become gay, be confused about my sexuality for some time, question everything including my religion, piss off friends and parents and risk being thrown out of the house/disowned" and then magically become attracted to someone of the same gender. Why should gay be denied the ability to marry another consenting adult? Especially since marriage is: 1. a civil contract between two adult consenting parties that provides married couples over 1100 federal and state benefits and protections (such as hospital visitations, ability to file taxes together, inheritance laws, partner benefits for spouses of combat veterans, etc.) 2. for everyone regardless of their religious affiliation (atheists marry) 3. a lifetime commitment of two people, not solely for reproduction; if it existed only for the purpose of reproduction infertile people, older individuals, and people ever planning to have children would also not be able to marry (plus, it also doesn't mean that homosexuals don't have kids or adopt, many end up with families that include children without the state protection of these families) Lastly, anyone that argues regarding the sanctity of marriage is basically saying that Britney Spears' 55 hour wedding, Kim Kardashian's marriage disaster, and getting married after meeting on a reality show on TV and choosing your bride this way make more of a marriage than that gay or lesbian couple waiting 40 years to be finally able to have their relationship recognized legally. No, I am not arguing every couple has been waiting for 40 years because there are many young couples but they also deserve the chance to marry their loved one and try and create a life, fully recognized and protected under the law.

Answer 4

There's nothing wrong with getting the survey. Frankly, I'd also recommend it myself.

However, that is not the must important thing. Nor is the threat of being sued most important. Your most important consideration, if that is/was in fact your land, should be whether the company has acquired it via adverse possession? Adverse possession statutes differ from place to place. In some areas, the period is as short as 5 years. i.e. if I move my fence into my neighbors yard and he does nothing about it for 5 years and I claim and use it as my own, I get to keep it!

Anyway, do the survey. if it turns out it's your land, you must move fast to make sure you don't loose it. Also, look into the statute of limitation for your area. Of course, if you find out that they now have a claim to the land via adverse possession, you'll have several options (1) give up (2) get a lawyer and try to fight it, (3) try to reclaim it via adverse possession.

Keep in mind that the statute of limitation is not the only requirement for making a successful adverse possession claim. Therefore, even if you find out the statute of limitation has expired, you may still be able to defeat an adverse possession claim.

Good luck

Answer 5

You can either get a land surveyor or look at the legal description of the property which should have the info in the paperwork you have.
This will tell you where your property begins and ends.

Answer 6

If you really want it done right i would get a surveyor because the last thing you want is a lawsuit over land

Answer 7

No, don't just put up the fence. You'd be on shaky legal ground. Go ahead and get the survey done and present that to your neighbor. If that doesn't do it, you may have to go to court.

Answer 8

you better get a land surveyor

Answer 9

best to get a survey, then adjust your fence line.

Answer 10

pay for the survey, they will and should get county documents on the plot, good luck