# Neighbor put fence on our property



## LIgrass (May 26, 2017)

Quick story: Without our consent the neighbor behind us took down our old chain link fence and replaced with a new pvc fence. This was done 8 years ago. I found out later on that they put the fence about 1 foot over the property line onto our property. We don't talk to them at all. They're the least friendly people I've ever seen. They didn't ask for any money though and they removed the old chain link fence for free.

Can we force them to move the fence onto their own property?

Can we take the panels down and put up our own panels using the posts since this was built on our property? The design doesn't match the plain white PVC we have around the rest of the yard (both sides done by the adjacent neighbors).

Also a little concerned about adverse possession which is why I'm addressing this now before the 10 year mark. And I found out they've been reporting us to the town for some really petty stuff.

separate question for anyone with knowledge of PVC fences....The posts are 6 feet high but the slots are notched at 4 feet on these posts (4 foot fence with pickets going up to 6 feet). Would there be a way to still use the posts with 6 foot fence panels?


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## Ware (Jan 28, 2017)

It will probably require a professional survey to define the property line, but I agree that it would be worth addressing if you anticipate problems down the road.


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## dfw_pilot (Jan 28, 2017)

Agree with Ware - have the city or some neutral party do a survey. Make up any reason you want for the survey. Even if it doesn't cause a problem now, it may very well when it comes time to sell your place.


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## LIgrass (May 26, 2017)

I have the a copy of the survey that was required at our closing. It's the original one from when the house was built (over 50 years ago). Is this suitable? I know I should probably be asking a lawyer but I'm hoping someone has gone through this before or knows someone who has etc. It seems like a common issue through a google search.


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## pennstater2005 (Jul 17, 2017)

LIgrass said:


> I have the a copy of the survey that was required at our closing. It's the original one from when the house was built (over 50 years ago). Is this suitable? I know I should probably be asking a lawyer but I'm hoping someone has gone through this before or knows someone who has etc. It seems like a common issue through a google search.


Do they know the fence is on your property? If not, a new survey would be an easy way to make that known. And it might be nice to have everything re marked if the old ones aren't easily visible. I plan on having a survey down next year to make the other renovations easier so I can spray where I need to without making any neighbors angry. I happen to have great neighbors all around and don't want to mess that up.


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## Ware (Jan 28, 2017)

You could use the old survey and/or subdivision plat to locate the property pins (if they are still there). You could do this yourself with a metal detector and a shovel, but based on what you've said they're probably not going to be okay with you poking around in what they believe is their back yard. To their credit, I probably wouldn't either . And even if you do find them, they're probably not going to take your word for it. A survey by a licensed surveyor will cost some money (I think it's around $250 where I live for a subdivision size lot), but it would definitely answer any questions about where the fence is located, and would probably be necessary if you end up taking any action.

For anyone reading this that is thinking about building a fence, it's good practice to either find the property pins or hire a surveyor to do it, then make sure you get a copy of the filed subdivision plat to make sure you are observing any setback requirements. It would be no fun to build it twice because it was put up in the wrong place. :thumbup:


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## Colonel K0rn (Jul 4, 2017)

To put it succinctly, you should get a survey to determine the property lines. If the fence is on your property line, you can give them the choice to

A: Move the fence to their property
B: Compensate you for the property that they have "assumed" as well as setback.

It would be worthwhile to contact a property attorney, and ask them to draft a letter and send to the neighbors advising them of their choices. I always like to use the closing "Govern yourself accordingly."


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## LIgrass (May 26, 2017)

Thanks everyone. What I think I'm going to do is speak to them this week to notify them the fence is on my property and see what they say. Then go from there. I checked the dimensions on the original survey I have and the house is exact to the survey including the distance to front yard and side fences. The only thing short is that back fence.


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## pennstater2005 (Jul 17, 2017)

^
Sounds like a good plan.


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## LIgrass (May 26, 2017)

Colonel K0rn said:


> To put it succinctly, you should get a survey to determine the property lines. If the fence is on your property line, you can give them the choice to
> 
> A: Move the fence to their property
> B: Compensate you for the property that they have "assumed" as well as setback.
> ...


I like that closing line! 
I'm thinking if they tell me to go piss off or something like that I would remove their panels and put my own white panels in. The only problem is the slots are at 4' instead of the 6' I need. Does anyone know how to use those posts to put 6 foot panels. I could probably swap them in an hour or two if it had the 6' notches already there.


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## Movingshrub (Jun 12, 2017)

Another reason to address this is the issue of adverse possession. Depending on your state, that land may become theirs if it's not addressed over a long enough period of time.


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## pennstater2005 (Jul 17, 2017)

Movingshrub said:


> Another reason to address this is the issue of adverse possession. Depending on your state, that land may become theirs if it's not addressed over a long enough period of time.


I believe it's 21 years for PA. Crazy law I think.


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## Guest (Sep 9, 2017)

Funny you mention this I went through a similiar thing with the neighbor behind me. I was just browsing the back of the property when I moved in and noticed he was dumping all his debris behind the fence. Well we had an inspection done and the flags were recently up so I just casually asked him if he knew that spot was where the property line was. He said he did not, and by that time he had started to put a fence up. 
All said in done he didn't really trust my survey copy so he had his own and it matched mine lol. He ended up moving his fence and cleaning all the debris up that he threw back there. Always best to get a survey first before doing anything. &#128513;


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