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We just bought a house and had it surveyed. Only to find out we have about 15 feet on the other side of their 6 foot privacy fence. The neighbors are not happy with the survey. They said that the fence was there when they bought the place, so they feel it is their property.
We only have 1/2 an acre out in the country, and they aren’t paying the taxes on it, we are. Does anyone know the law regarding this? I’m trying to research it online, but can’t find much.
They also tried the squatters rights thing. Stating that since the owners before them said it was theirs and they have been taking care of it… so, it’s theirs.
I figure, survey is done. Nothing we can do about it. (because we aren’t going to agree when they already think it’s theirs) I suggested for them to get a survey done on their property.
Someone please help if you know anything about this stuff.
We live in Ohio. The only reason we are concerned about this 15 feet is because the property doen’t have a driveway, and we are probably going to have to put it there. (where their fence is). Is a sticky situation I know, but it’s not a personal thing against them. We just need to know where our property line is, because after all, we are responsible for taking care of it, right.
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Research the law for adverse possession (basically squatters rights) in your state (you don’t say where you are). Here in WA if the fence was up for 10 years, there is a reasonable expectation that the owner of the property being encroached on should know it’s happening, and there has never been a mention of the fence encroaching then the fence becomes the new property line. The 10 years starts when the fence is put up and does not restart after every sale of the property.
We had next door neighbors who just went through this. The new owner of one of the properties had his property surveyed after purchase and found that the fence between him and the neighbor was 45 feet into his property for about half the length of the property (10 acre parcels). The fence had been in place for over 20 years, both of the owners of the properties when the fence went in knew where it was and agreed that it was on the property line. He filed suit but he lost.
EDIT: I looked it up and Trouble is right, in Ohio it takes 21 years of "open and notorious" use for adverse possession to apply. There is a recent Ohio Supremes court case (2008) that upholds this.
You bought the house without knowing it was yours so why start drama with your neighbors over a stupid fence.
it’s NOT the "stupid fence" he is concerned about- – - it’s the 15 feet of land on the OTHER SIDE OF THE FENCE that legally belongs to HIM that the neighbors is saying is THERE’s!!!! Do you have the original DEED to the property? if not, go to the town clerks office and look up the deed—see what the ORIGINAL SURVEY said were the property lines… then compare that to YOUR survey and see if they match—if they DO, show it to your neighbor… If you WANT that 15 feet, you have the right to make him move his fence back 15 feet OR you can leave the fence there as is —thing is, being right in this situation COULD cause you to lose a good neighbor and gain a BASTARD….
Depends on the state you live in. Well you have a disputed property line. You are pay taxes based on the survey and you do have property right of the land. They could have done a survey and found out the correct line before building fence. As for the previous owner you the bought property based on the size in the deed. You need to seek legal recourse if you want you property back . If allow the fence to stay you should be compensated for the property and the deed should be changed. And the tax entity should be notified because of the decrease in size does effect property valuation. You paid for the survey and that is the correct property line. No it is not their property. Check and see if there was a survey in the title or deed also. They are destroying the value of your property. Need to send a certified letter request the fence be moved. Provide the results of the survey. Assessors office should also have information on property size.
The solution could be an agreement to move an incorrectly located fence or structure, or the granting of an easement that would allow the encroachment to remain in place, or a sale of property that would change the location of the common boundary line and thereby eliminate the trespass
I had the same problem when I bought my house, but mine is a city lot and my neighbors fence was only about 3 foot on to my property in the back yard so it didn’t matter. You have 15′ that is yours and you need it to to build a driveway. If the survey is correct you already know where your line is. You may have to get a lawyer and get the courts involved. Another survey will have to be done and I’m sure your neighbor will have to pay for it. If the first survey is right, the court will give them so many days to remove the fence. Good Luck. To bad you had to get off on the wrong foot with new neighbors
Your neighbors are probably leaning towards an adverse possession case. If their fence has been in place for 21 years or more, they may have a case for adverse possession.
In Ohio, the duration of such possession is twenty-one (21) years. Ohio Code ยง2305.04.
http://law.findlaw.com/state-laws/adverse-possession/ohio/
http://law.findlaw.com/state-laws/adverse-possession/intro-adverse-possession/
http://www.moeland.com/adverse.htm
http://lawschool.mikeshecket.com/property/1-29-04.htm