Indianapolis, IN asked in Real Estate Law, Animal / Dog Law, Environmental and Land Use & Zoning for Indiana

Q: I'm a homeowner in Indiana. I have a fence on my property located about 6 inches back from my property line.

I never had my property surveyed, but there is a survey marker across the alley and all the lots on this part of town are all the same size, so that should be enough to clearly define my property line.

My neighbor has built two parallel fences that connect up to my fence crossing my property line, making it a makeshift dog kennel and tearing up my yard and damaging my fence and vines that grow on the fence.

Can I sue her for property damage if I pay to have my property surveyed? Do I have to have a surveyor, or is the established marker enough for the court?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
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Answered
  • Real Estate Law Lawyer
  • Knoxville, TN

A: You can sue for Trespass Damages. But you have a Boundary Line Dispute. You will probably need to get a Survey done, where the Surveyor knows he will be testifying in Court. If you do nothing, then you will acquiesce to the new Boundary. Both property owners now have clouds on their Titles.

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