Q: My neighbor's fence is 6 feet onto my property. What steps to take?
My previous neighbor moved his fence 6 feet onto my property without my knowledge and sold the house before I realized it. The new owners have a county property map that inaccurately supports their belief that the fence is correctly placed. I have Google Maps images showing a surveyor's property markers aligning with an older neighbor's survey, confirming the fence is 6 feet onto my property. I'm paying property tax on land they are using. I've discussed this with the new owner, but he relies on the inaccurate county map. I've consulted with a surveyor who confirmed the accuracy of my images but haven't taken legal action yet. What steps can I take to resolve this issue and have the fence moved?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (865) 637-3035
- View Profile
- Answered
A: You have to hire a PA lawyer to file suit for a boundary dispute. But first get a boundary line survey to find where the boundary and corners. Mark them. Using tax maps is not going to work. Otherwise you acquiesce to the ascertainable boundary (fence).
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
The first step you should take is to gather all the evidence you have, including the surveyor’s report, Google Maps images, and the property markers. This evidence will strengthen your case and help you prove that the fence is indeed encroaching on your property. It may also be useful to get a written statement from the surveyor confirming the findings.
Next, you should communicate directly with the new neighbor, providing them with this evidence. It's possible they may be unaware of the discrepancy, and presenting them with the facts could lead to a resolution without legal intervention. Be clear about your intentions, and express that you'd like the fence moved to its correct position.
If the new neighbor is unwilling to move the fence or dispute the findings, your next step would be to consult with a property attorney. They can advise you on your legal rights and may suggest sending a formal demand letter requesting that the fence be moved. If the issue isn't resolved, the attorney might recommend taking legal action to reclaim the portion of your property being used.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
