My neighbor is saying after 3 years that my fence is on his land.?
I have lived in my house for 9 years. My house was built contained by 1959 with the fencing done soon after. The neighbor said a survey was done last week but I do not see any stakes contained by the ground. So he is a liar right there. What authority do I need to shift to settle this. I went on my county website and it said that they do not handle property issues. This is in Florida.
Yeah definately obtain a survey done. He can be stating it is his land, and if he can prove later on you agreed to his survey analysis, even though property rights may show it was other yours, he can claim he has been maintaining the nouns for the last few years. Fences are frequently mislocated. He is not necessarily "a liar" just because there are no stakes contained by the ground. Ask to see a copy of the survey map certified by a licensed land surveyor.
Ask to see the survey report. As for no stakes in the ground, they may have already found the exisiting ones, or the property lines be surveyed using GPS.
If you can find out the name of the surveyor, ask around to local engineering and archtectual firms and see if they deal with indistinguishable surveyor. I once needed to hire a surveyor and went looking in the Yellow Pages. When I told my civil engineer brother within law who I was thinking of hiring, he told me to not hire him! Turns out they had a string of lawsuits involving that surveyor and that his surveying be almost always found to be incorrect!
There is a possibility that if the fence is indeed on his property, that the lines could be redrawn depending on how long the fence have been established. It depends really on how much area this concerns if you really want to fight over it.
If anything, try and bargain it out with your neighbor. You may come to an agreement without involving th courts.
You might own it by adverse possession. If the barricade has been in impossible to tell apart spot since 1959, I'm almost sure you do. You (or your predecessors in interest) have probably:
1. been surrounded by actual possession
2. openly and notoriously
3. exclusively
4. adversely to the record owner
5. continuously, and
6. lower than claim of right
for the entire statutory period (I think the longest period anywhere within the U.S. is either 10 or 15 years).
In some states you have to do all of this surrounded by good faith. In other states, strangely enough, you hold to do it in bad faith.
So, what I would do is natter to a local property law attorney and talk about file a suit to quiet title. You might also take a look at the Wikipedia article I've listed as a source.
EDIT: Of course, what I've said here might not form for a good neighborly relationship. But he's arguing with you over a fence which have been in the same spot for nearly 60 years, and I reflect on that makes him the a**hole.
EDIT (again): You might want to tell your neighbor his problem is with the guy who sold him the property, not you. He might hold a claim agains them for breach of contract or breach of warranty deed.
EDIT (a third time): I also like what everyone else is saying roughly speaking having your own survey done. If it turns out this guy is wrong, and the fence is in the right place, you don't requirement to go to court at all. Unless he brings you to court first, in which covering you contact an attorney immediately.
Call your town hall and ask them what department you obligation to speak to, it may be planning and zoning, they may have a surveyors office also the town clerks office usually have land records you can look at that will tell you exactly where on earth your property lines are ( this is done for real estate sale purposes) regardless of what the law stipulates within your state there are certain things that are practically universal. he is the one complaining. by pure order of due process - he is the one that must go to the authorities if he has a gripe going on for the situation. the fence has been nearby long enough acting as your property that he needs to prove otherwise to do anything about it.
He'll need a physical estate atty to file suit for the encroachment of the fence and to have instruct issued for it's removal. Listen to Sir Jello; he is right on the money.
> So he is a liar right there
You don't inevitability stakes to do a survey.
> What authority do I need to go to settle this
You call an attorney from your local sickly pages. It is a routine property line dispute.
I had my lot surveyed end year.
It only took half a day. When I get home there where No stakes to be seen.
It doesn't event how many years or decades have gone by, if your fence is on his lands he has a right to have the fence moved or torn down.
Ask to see the survey report, that's what my neighbor did, and next she even contacted the company I hired to do the job.
I then sued her and I won ( plus, she had to salary ALL of my expenses and remove the part of her driveway that was on my lot )
Get your own survey done. punch him in the nose
