Need advice.....please!

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newhomeowner

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We bought our first home in March. I did a lot of research on the house first but apparently not enough.

Shortly after moving in our neighbor behind us informed us she owned about half of our backyard even though she has had a fence in place for about 7 yrs. Supposedly there was an agreement with the previous owners that they could USE the land, but it was still hers, this was NOT in the disclosure. She had her surveyor come out and mark the pins. Our 15 ft. backyard then went down to about a 10ft. backyard. We agreed as there is only one surveyor for our small town and he simply would have shown us the same exact pins and markings. We settled the disagreement and decided to put up a privacy fence on the boundry line. So there is a 3-5ft. area in between these fences that remains unused. We went through GREAT cost of doing this to make what yard we have in the back private.

She has now started construction on this huge deck that surrounds her pools whichs butts up to her fence. This deck now makes our 6ft privacy fence a measly 3 ft tall.

We went and spoke with the building inspector but he simply said that they have every right to build a deck in their yard. Regardless that they can stand on it, see our entire yard, AND see directly into our home.

We are not allowed to have a taller fence and trees just don't grow fast enough. Isn't there SOME sort of legal recourse for invasion of privacy in this matter?? Again we spent a small fortune on this fence for nothing.....

any help would be very much appreciated. I appologize for the length of this.
 
Unfortunately, local zoning laws can be a problem. There is no 'invasion of privacy' if your neighbor is allowed to build a deck. It is probably your right to do the same.

First question -- why did you agree with her surveyor? You can always get your own and challenge the other surveyor's findings if your deed says that you on the entire back yard. What is in your survey and deed? This is most important to determine.
 
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