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Incorrect Survey at time of purchase

Discussion in 'Adverse Possession' started by irish555, Jul 11, 2018.

  1. irish555

    irish555 Law Topic Starter New Member

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    Jurisdiction:
    Indiana
    I am about to replace my fence and had a new survey done since the 2 companies who came out did not agree with my survey. I have paid for a new survey. On the east side my neighbor has his fence 1 1/2 feet on my property as does the neighbor to the north of me but my fence is 10ft on my neighbor to the west. I bough my home in 1994 and the fences were already in place. The house to the north is a rental and the fence has a large hole in the center. Can I make them move their fences?
     
  2. Disabled Vet

    Disabled Vet Active Member

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    You should leave things the way they are..... I would assume its to late for that since the neighbors have seen the new survey markers. First off was this done as a " LEGAL " survery? That is when the person that does the survey also records it with county surveyor. Indiana has what is called adverse possession law. So these neighbors could hire lawyers and claim it as theirs. Same thing with you and the 10' you have on the west neighbor. Now that the can of worms is open........ this is the time to get this messed fixed. You will need to hire lawyer to get it straighten out.
     
  3. irish555

    irish555 Law Topic Starter New Member

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    Yes my new survey was done by a licensed survey company. The markers are in place and I should receive my copy of the new Plat of Survey by tomorrow. I need the fence to the north removed as It is rusty and has a large hole in it. I have dogs and they do not have full use of the yard because of this. Once I receive the new copy I will find an attorney.
     
  4. mightymoose

    mightymoose Well-Known Member

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    You should expect to lose those 10 feet on the other side
     
  5. irish555

    irish555 Law Topic Starter New Member

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    Why would I because the fence was up prior to me moving in to the house in 1994. If I do then I should get the property to the north and east
     
  6. zddoodah

    zddoodah Well-Known Member

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    If "make them move" means anything other than filing a lawsuit to establish the various property boundaries and obtain orders directing that fences be moved or removed, the answer is either no or I don't know what abilities you have.
     
  7. irish555

    irish555 Law Topic Starter New Member

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    I want them to move the fence off my property. Before all this started I wrote the owner of the rental asking to at my expense remove his rusty fence with a huge hole in it and replace it with my new privacy fence but he never responded. If I have to give up my 10 feet and remove the fence that was up before I moved in(that house has been sold 3 times since I biught my house) they I should be able to revover my property to the north and east of me.
     
  8. mightymoose

    mightymoose Well-Known Member

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    Correct.
    Fences do not determine property boundaries. They are often not exactly on the line.
    You are now aware of the problem. Fix it.... But I wouldn't give up that extra 10 feet until forced to.
     
    Disabled Vet likes this.

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