1/2 of my fence post is on his property (sales, lawyer)

[thelolo]

I have a neighbor who recently bought the house next door. He has a survey, and his survey tells him that the center of my fence posts are right on the boundary line.

Therefore he feels that the half of the post, vertically split down the middle, on his side of the property line is "on his property."

He is attempting to exploit this literal inch of post (the posts are 2" wide) by making me allow him to attach his new fence directly to my own, via my corner post on that side. Beyond that, he wants to put a door right at that corner, where my post would brace the impact of the door opening/closing, by his insertion of a latch on my post.

I have tried to look up case law on a disputes regarding fence posts themselves, but I haven't found any.

Does anyone have an informed perspective on this?

If your fence is on the line, is that good enough? Does that make the width of the posts negligible? Or does that half of the post on the other side of the line mean that I'm encroaching on my neighbors property?

Thanks everyone!

[froglipz]

There is a fence set back just for this reason. Your fence or posts must remain completely on YOUR property and probably be set back from the property line (check restrictions).

[madpaddy]

Originally Posted by thelolo

...does that half of the post on the other side of the line mean that I'm encroaching on my neighbors property?

Absolutely. Suck it up and let him use your post.

[linicx]

Every state is a little different. He cannot MAKE you do one thing. The law can. He CANNOT attach anything to your fence until it is settled. I had one of the fence disputes that arose after we closed and took possession. It was 18 months to resolve it during which time our ownership was in limbo, and the banker was furious.

You need a lawyer because: the fence posts were installed before either of you owned either property. You do not know where the lot line was when it was installed or the prevailing law then. Because of the fence location, there is a "cloud" on one or both of those properties which places one or both of the home sales in limbo. You will save a lot of money by moving the fence 2 inches back from the lot line. However I would NOT do one thing before the county surveyor re-surveyed your property line. Just because your neighbot said, doesn't mean anything unless it is in writing.

You need a lawyer now. Notify your mortgager that holds title on your property that there is problem with the property line and neighbor's survey. One or both of the lawyers who wrote the opinions on these adjoining properties was wrong.

BTW, you neighbor will win because your fence post is 'encroaching' on his property. Maybe. It depends upon the survey of YOUR property, and your lawyer. I hit the Ttrifecta. The attorney who handled our dispute is a criminal defense/ family law/ mining, mineral and land lawyer.

[linicx]

Every state is a little different. He cannot MAKE you do one thing. The law can. He CANNOT attach anything to your fence until it is settled. I had one of the fence disputes that arose after we closed and took possession. It was 18 months to resolve it during which time our ownership was in limbo, and the banker was furious.

You need a lawyer because: the fence posts were installed before either of you owned either property. You do not know where the lot line was when it was installed or the prevailing law then. Because of the fence location, there is a "cloud" on one or both of those properties which places one or both of the home sales in limbo. You will save a lot of money by moving the fence 2 inches back from the lot line. However I would NOT do one thing before the county surveyor re-surveyed your property line. Just because your neighbot said, doesn't mean anything unless it is in writing.

You need a lawyer now. Notify your mortgager that holds title on your property that there is problem with the property line and neighbor's survey. One or both of the lawyers who wrote the opinions on these adjoining properties was wrong.

BTW, you neighbor will win because your fence post is 'encroaching' on his property. Maybe. It depends upon the survey of YOUR property, and your lawyer. My attorney is a criminal defense/family/property lawyer.

[Drover]

Depending on how long your fence has been there, his 2" of property could possibly be your property now by virtue of adverse possession. In any case I'd seek clarification of the current legal status; if you have not gained adverse possession, try to get some resolution (maybe an easement?) that permits your fence to be partially on his property in exchange for his ability to use it. If nothing else it will clear up any questions that could otherwise complicate the sale of your property in the future.

[thelolo]

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!

[linicx]

Herein lies your problem. Only ONE of the two surveys is correct. Contact your county to get the name of your county surveyor. Get the survey. You will probably need an attorney to remove the alleged "cloud" on your title.

To your neighbor, the only answer can be "No" until the property line is firmly established. Do not allow him to attach to your fence at this time. .

.

Originally Posted by thelolo

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!

[CSD610]

Originally Posted by thelolo

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!

What does the deed for the original property lines show?
Is it in line with your survey or his?

Hire an attorney who is knowledgeable in this area and get it settled legally for good.

[CSD610]

Originally Posted by linicx

Every state is a little different. He cannot MAKE you do one thing. The law can. He CANNOT attach anything to your fence until it is settled. I had one of the fence disputes that arose after we closed and took possession. It was 18 months to resolve it during which time our ownership was in limbo, and the banker was furious.

You need a lawyer because: the fence posts were installed before either of you owned either property. You do not know where the lot line was when it was installed or the prevailing law then. Because of the fence location, there is a "cloud" on one or both of those properties which places one or both of the home sales in limbo. You will save a lot of money by moving the fence 2 inches back from the lot line. However I would NOT do one thing before the county surveyor re-surveyed your property line. Just because your neighbot said, doesn't mean anything unless it is in writing.

You need a lawyer now. Notify your mortgager that holds title on your property that there is problem with the property line and neighbor's survey. One or both of the lawyers who wrote the opinions on these adjoining properties was wrong.

BTW, you neighbor will win because your fence post is 'encroaching' on his property. Maybe. It depends upon the survey of YOUR property, and your lawyer. I hit the Ttrifecta. The attorney who handled our dispute is a criminal defense/ family law/ mining, mineral and land lawyer.

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.