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Old 04-15-2015, 11:26 AM
 
Location: Chicago
38,707 posts, read 103,243,287 times
Reputation: 29983

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Quote:
Originally Posted by thelolo View Post
OMITTED DETAIL:

I'm sorry, I omitted one detail. I also have a survey, done 17 years ago. My survey show the fence, and shows that it is within our property line- POSTS included.

So my survey and his conflict in regards to the true location of the fence.

Thanks!
Has your fence been there at least 20 years? If so, any property on your side of it (posts included) might legally be yours now even if it wasn't before. In any case you need to get this resolved ASAP or it could complicate attempts to sell in the future, not to mention cause a lot of legal headaches in the interim.


Quote:
Originally Posted by linicx View Post
. . . the fence posts were installed before either of you owned either property. . .

BTW, you neighbor will win because your fence post is 'encroaching' on his property. . .
You don't have enough information to know either of these to be true.
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Old 04-15-2015, 05:03 PM
 
Location: Not where you ever lived
11,535 posts, read 30,284,608 times
Reputation: 6426
Been there; done that. Thank you very much.


Quote:
Originally Posted by CSD610 View Post
You cannot say that for sure, you are not his attorney, the surveyor nor the judge so you would have no way to know the outcome of this issue and your opinion is "encroaching" on the arm chair attorney arena.
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Old 04-16-2015, 02:23 AM
 
Location: Chicago
38,707 posts, read 103,243,287 times
Reputation: 29983
Quote:
Originally Posted by linicx View Post
Been there; done that. Thank you very much.
Be that as it may, you don't know the specifics of his case and you're also assuming facts not in evidence.
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Old 04-16-2015, 09:18 AM
 
7 posts, read 17,966 times
Reputation: 20
Not to be an a-hole or anything but is it really that big a deal to have his fence adjoining yours? I probably wouldn't sweat it but to each his own.
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Old 04-16-2015, 09:41 AM
 
Location: Chicago
38,707 posts, read 103,243,287 times
Reputation: 29983
Quote:
Originally Posted by Magog66 View Post
Not to be an a-hole or anything but is it really that big a deal to have his fence adjoining yours? I probably wouldn't sweat it but to each his own.
If you don't "sweat" a boundary dispute, eventually somebody is going to "sweat" it for you. So it's best to get the situation resolved sooner rather than later while you have some input and control over the process.
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Old 04-16-2015, 09:48 AM
 
Location: Not where you ever lived
11,535 posts, read 30,284,608 times
Reputation: 6426
Yes it is a big deal. Land is one of the few things in the United States that must have a contract signed by all parties and a legal description that accompanies each sale. This is not about joining two pieces of fence. It is about who owns the fence which is ultimately related to owns the land where the fence is located. When you have two surveys that oppose each other it must be resolved as the land cannot be sold without clear title - which mens a resolution. .



Quote:
Originally Posted by Magog66 View Post
Not to be an a-hole or anything but is it really that big a deal to have his fence adjoining yours? I probably wouldn't sweat it but to each his own.

Last edited by linicx; 04-16-2015 at 09:59 AM..
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Old 04-16-2015, 10:13 AM
 
Location: Not where you ever lived
11,535 posts, read 30,284,608 times
Reputation: 6426
n/a
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