Denver, CO asked in Land Use & Zoning and Real Estate Law for Washington

Q: Angry neighbor moved survey rebar and fence, with concrete. Can I remove fence destructively (necessary) without notice?

I share 500 foot property line with 6 neighbors in a plat. I am unplatted.

I permitted a possible fence encroachment to stay where at until I recind permission. Had surveyor that created plat recheck markers in 2017, there was no encroachment.

Over the last year three neighbors (2 are angry) moved survey rebar and their fence eight inches on to my property. Secured with concrete. They did not use a registered surveyor, did it out of view, intentional, will lie.

Do I have to give them notice before I remove their fence, destructively (due to concrete), which gives them chance to add more concrete?

Can I remove their fence before completing a survey and replacing the survey rebar? I'd also like to get a fence up before survey so surveyor can check position (again, waiting gives them more chance to be bad).

Can I force them to pay for property line survey? What types of survey will work?

They will collude and lie. Does prior survey negate that?

1 Lawyer Answer
Anthony M. Avery
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Answered

A: You have a disputed boundary. Hire a WA attorney to file suit. Your surveyor will be your expert witness. If you wait too long, you acquiesce to the others' asserted and ascertainable boundaries, and lose part of your property.

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