Neighbor is Building on Our Property

**ichrisi** · 04-11-2012, 08:06 PM

My question involves real estate located in the State of: Montana

We bought 6 acres of land. To the South is a 4 acre parcel of land with a fence dividing our property from theirs. The person that sold us the land and subdivided it had told the surveyor to use the fence as a boundary but for some reason the surveyor didn't. The neighbor built with the expectation that the fence was the property line and placed his geothermal close to fence. We recently paid for a real property report for septic placement and discovered our property line extends 17 m past fence onto "their" side, encompassing two lines of geothermal. It also means their house is 5 ft from our property line. The change in angle also means that we are driving on the property of the neighbor to the north to access our land unless we "take back" some or all of the newly found property. The total land effected is .20 acres.

I've looked at things from a nice neighbor perspective so far and not a legal one. Do we have to worry about access to our land if we sell the neighbors this small piece and use the other neighbors land for a driveway? Do the neighbors to the north have any claim to the land seeing as they thought it was theirs and used it for 2 yrs? We were thinking of putting a fence on the actual property line and granting them an easement for geothermal. Any problems with this?

Full disclosure: they are volatile, irrational people who have previously secretly taped phone conversations with us, and threatened lawyers etc over the placement of our house (didn't want it to block their view) although it is quite a good distance from their house and does not block views. We aren't looking to retaliate with the new property line but want a plan that keeps things as civil as possible.

TIA!

**LandSurveyor** · 04-11-2012, 08:12 PM

We recently paid for a real property report for septic placement and discovered our property line extends 17 m past fence onto "their" side, encompassing two lines of geothermal. It also means their house is 5 ft from our property line. The change in angle also means that we are driving on the property of the neighbor to the north to access our land unless we "take back" some or all of the newly found property. The total land effected is .20 acres.

What is a "real property report"?

Was it done and signed by a licensed surveyor?

**ichrisi** · 04-11-2012, 09:31 PM

It is a legal survey and signed by a licensed surveyor.

**LandSurveyor** · 04-11-2012, 10:06 PM

We were thinking of putting a fence on the actual property line and granting them an easement for geothermal. Any problems with this?

Only if they don't agree. What did they say?

Full disclosure: they are volatile, irrational people who have previously secretly taped phone conversations with us, and threatened lawyers etc over the placement of our house (didn't want it to block their view) although it is quite a good distance from their house and does not block views. We aren't looking to retaliate with the new property line but want a plan that keeps things as civil as possible.

As they are volatile irrational people it's a real problem for any of us here to to try to sort this out. As you later state that you want to keep this as civil as possible I have to say that that train has left the station.

**ichrisi** · 04-11-2012, 10:16 PM

I imagine they will agree to anything that keeps their geothermal in place. It would cost a lot of money to move it. We haven't approached them yet. Apparently the surveyor is checking if the fence has always been there as they have admitted to not using it for the property line as requested. They apparently admitted it was their mistake to the developer. We are waiting to hear back from the surveyors in case they shed more light on the issue. The property is marked with iron posts so i don't know what it could change. If I am not mistaken we have all the chips on our side. Unless we don't, which is why I posted here. Maybe I am not thinking of something. The surveyors did tell the developer that rural land is always +/- which sounds strange considering we paid for an exact amount.
Thanks for your response.

**LandSurveyor** · 04-11-2012, 10:47 PM

The person that sold us the land and subdivided it had told the surveyor to use the fence as a boundary but for some reason the surveyor didn't.

The land you bought is described in your deed and nowhere else. Someone's verbal statement to the contrary is likely without effect as to what you own.