Different surveys, property line disagreement

Ronald B

New Member
Jurisdiction
North Carolina
I purchased a home where the neighbor has a fence and the seller had built their fence up to the neighbor's but did not connect the fences (there was approximately 2 inches of space). My survey shows the front corner of the neighbor's fence is encroaching on my side by 1 inch and the back corner shows my fence encroaching their side by 4 inches. They claim their survey shows that the entire fence is on their property and I am encroaching on both corners. They are demanding that I build my own fence and that I cannot connect to their fence. I have the following questions:

1. If they produce a survey that is different than mine, how do we agree on the correct property line?

2. If my survey is correct, can they force me to fix my encroachment without fixing their encroachment?

3. If their survey is correct, do I have any legal rights to keep my fence as it is because my fence is not attached to theirs? Did they give up the right to command what happens on the 1-4 inches of their property which is on my side of the fence? Can they tell us to get off their 1-4 inches of property if, while in our backyard, we walked all the way up to the fence?

I know this seems silly, and to most reasonable people it shouldn't matter at all, but the neighbor has made it abundantly clear that my fence will not be allowed on their property.

Thanks for the info,
Ron
 
I know this seems silly, and to most reasonable people it shouldn't matter at all, but the neighbor has made it abundantly clear that my fence will not be allowed on their property.

If you people can't agree, then off to court someone must go.
 
Contact yout county assessor's office. They will be able to help determine the correct property line.
Neither of you can force the other to do anything. As above, you will have to settle it in court if you can't work out your differences. Over a couple inches of land, you will have to decide if it is worth the hassle.
 
1. If they produce a survey that is different than mine, how do we agree on the correct property line?

With money.

You'll have to decide which costs less: moving your fence, paying the neighbor for a few inches of land, or paying for prolonged litigation at about $300 per hour.

2. If my survey is correct, can they force me to fix my encroachment without fixing their encroachment?

No.

They can't "force" you to do anything. You can't "force" them to do anything.

3. If their survey is correct, do I have any legal rights to keep my fence as it is because my fence is not attached to theirs? Did they give up the right to command what happens on the 1-4 inches of their property which is on my side of the fence? Can they tell us to get off their 1-4 inches of property if, while in our backyard, we walked all the way up to the fence?

Crystal ball department. Don't have one and my oracle is back in the Matrix.
 
With money.

You'll have to decide which costs less: moving your fence, paying the neighbor for a few inches of land, or paying for prolonged litigation at about $300 per hour.



No.

They can't "force" you to do anything. You can't "force" them to do anything.



Crystal ball department. Don't have one and my oracle is back in the Matrix.
Best response yet! This is actually pretty helpful. Thanks.
 
If they produce a survey that is different than mine, how do we agree on the correct property line?

You're not seriously asking how you and another adult agree about something, are you?

If my survey is correct, can they force me to fix my encroachment without fixing their encroachment?

If your survey is correct, then it seems unlikely that they can "force" you to do anything.

If their survey is correct, do I have any legal rights to keep my fence as it is because my fence is not attached to theirs?

Not if your fence encroaches on their property.

Did they give up the right to command what happens on the 1-4 inches of their property which is on my side of the fence?

I don't know. Did they? You'd have to tell us.

Can they tell us to get off their 1-4 inches of property if, while in our backyard, we walked all the way up to the fence?

Of course they can. Anyone can tell anyone anything.

You'll have to decide which costs less: moving your fence, paying the neighbor for a few inches of land, or paying for prolonged litigation at about $300 per hour.

Concur.
 
Thanks for all the responses. A lot has come out over the past couple of days. The neighbor's survey actually matched mine. After I spoke to both my surveyor and the neighbor's surveyor it turns out "someone" moved the stakes. I put someone in quotes, because I didn't move them, but I can't prove the neighbor did. Both surveyors agreed to come back out and re-stake the line in question. It should hopefully help clear things up. Afterwards I am building my own fence line so it shouldn't be a problem anymore.
 
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