Re: Vinyl Fence and Retaining Wall Encroachment
There are many situations where much less than 5" has been litigated. In some cities around the world, inches could mean thousands (millions if the lot line is long enough) of dollars in difference. Tokyo, at one time, had land valued at over $200,000 per square meter so if you think somebody would not argue over 5" (times the length of the property line), they would be wrong.
Quoting Bob I
Now, if they put that in perspective that they are surprised that somebody would litigate over the value of land in your situation, that is something different.
if you have competing surveys, you should contact both surveyors and alert them to the situation. Oft times the surveyors will resolve the issue between them. It could be an error on either party or it could be a differing interpretation of some part of the survey. Start with that and see what the surveyors say to the issue.
did you ask your surveyor to explain the survey, especially in regards to the encroachment issue? Did he(she) actually state there is no encroachment of your fence on the adjoining lot?
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.