Who Owns The Property Line

**mollyg** · 05-24-2007, 03:53 AM

The land owner next to us has put up a metal fence right through a section of our new house construction. There is a question on the property lines and we are currently getting it surveyed. He assumes this to be the property line but who owns it? Does he have the right to put a fence right ON that line? Until this matter is settled can we take the fence down? I believe our original survey is correct and it has never been questioned in the last 30 years and no one has moved in or out.

**lwpat** · 05-24-2007, 07:23 AM

Wait to ask your question until you have the results of the survey. An fence can be installed on the line provided there is not a violation of a local code.

**mollyg** · 05-27-2007, 07:59 PM

ok so we want to be able to work w this person who farms next to us so we moved our porch 6 inches from the metal fence he put up..although another survey has been done and the fence is on our property! So today we are having a picnic w family and friends and he comes w his sons and says he wants us to stop building on his property. Needless to say there are children about and his language was highly inappropriate! I was quite pleased w my husband as I believe they are trying to get him to make the first punch so they can have him aressted....anyway... he told them they were on our property and they needed to leave or he'd call the police...the fellow says the overhang on the house is across the line! Who owns the air space? This guy is harassing us and we dont know what to do! We do NOT have financial means to take him to court and we believe w the pictures we have and video of his remarks we have a good case..unless he is buying someone off....what can we do?

jk · 05-28-2007, 06:48 AM

a person owns up to the property line. That includes the airspace above the property. (not going to get into the airline thing though)

A property line is an immeasurable thing. It is the point at which two properties adjoin and has not actual width. It is either your property or it is the neighbors. There is no grey area "line" to consider.

Depending upon local ordinces, if a fence can be placed AT the line, it can still not cross the line. In many areas, there are steback ordinances for fences. You would need to consult your building department to inquire regarding that.

You are going to have a tough time if you cannot get this into court to fight it. A judge is the only person that is going to make any orders for either party to act within.

You need to take your survey to court and request the judge order the neighbor to remove any encroachments the neighbor has placed there.

If the neighbor wants to dispute your survey, he will need one of his own. The courts will determine which is correct.

the other thing you could do is remove the encroachments and let the neighbor do what he will. If he calls the police, depending on how they see things, they may either refuse to act and tell you all to head to court or they could cite, or even arrest whomever removed the encroachments if they believe that actor to be in the wrong.

In either case, you would end up in court.

btw; if your house does overhang the property line, you maybe in for a huge surprise. You would definately be in the wrong and sould be subject to anything including removing the encroaching portion of the building.