- 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
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