Fence Line Dispute

**48angie** · 01-12-2011, 05:31 PM

My question involves real estate located in the State of: ohio
I just bought my house in October. There is a privacy fence all the way around the back yard. I got a letter from the rental company that owns the house next me. The letter says the fence in over my property line and is on their property. I had an appraisal done when I bought the house. There we no encroachments listed on the appraisal. They say they are giving me until March to move the fence. I don't even know if the previous owners put this fence up or if someone renting their property did. At the time we closed there were no papers we had to sign for any encroachments. Are these people full of crap? This letter did not come from the City or an attorney. They don't show any proof of a survey showing this fence is over the property line. It appears the fence is newer but not brand new. I would assume it's been up for a few years. They had a family renting the home and they just moved out. How can I obtain any permits if any from when the fence was put up? What can I do? Please help!

**LandSurveyor** · 01-12-2011, 05:53 PM

I just bought my house in October.

And how have you formed an opinion as to where you boundaries are located?

I had an appraisal done when I bought the house. There we no encroachments listed on the appraisal.

If the appraisal did not include a boundary survey, it included no opinion about encroachments. Is there a survey plat attached?

**48angie** · 01-13-2011, 09:54 AM

Yes I have the plat survery. My documentation clearly states I have 6.5 feet of property next to my garage. I have measured and my fence is within this distance.

**Stephen Calder** · 01-13-2011, 10:57 AM

If you are sure that you have an actual, certified property survey, then I assume that it is a copy of an older survey performed for a previous owner or previous mortgage lender, otherwise it should show the fence on it. That is fine for now.

You now need to contact the person at the rental company who sent you the letter and tell them what you have. Ask to see what they are basing their opinion on. If they say that they have a survey also then try to meet with them to compare the two.

Stephen Calder

**LandSurveyor** · 01-13-2011, 01:40 PM

Here in Ohio, Mortgage Location Surveys are regulated by law:

A statement shall appear on the plat indicating that the survey is a mortgage location survey prepared in accordance with Chapter 4733-38 of the Administrative Code, and is not a boundary survey pursuant to Chapter 4733-37 of the Administrative Code.

If your "plat" contains such wording, it is not a boundary survey but simply a certification, usually to the lender, that all of the mortgaged improvements are on the property. It should never be relied upon for the actual location of the boundary.