Q: Do I have to move a fence that has been up for over 25 years because the next door property owner had it surveyed?
I purchased the property 2 years ago and the fence existed before purchase. All the lots in town are the same size. The neighbors that have been here said the fence has been up for over 25 years. Now the new next door property owner wants it moved cause they had it surveyed and 3 foot of it the length of the lot is on the property. They filed the survey with the recorder of deeds and told me that the fence has to be moved now. What can I do?
A:
Have the property resurveyed. Here's the thing--it was possibly adversely possessed, but as to the previous owner.
If the lot sizes are the same you may be on the next person's lot.
So, you need to determine if the lot was sold to you with the dimensions you say, did you have it surveyed then?
There isn't a simple answer, but once you have those questions answered it would make sense to pay for the opinion of an attorney who handles real estate transfers.
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