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  1. #1
    Join Date
    Jun 2006
    Posts
    8

    Default Fence is not on the property line

    hi
    iam new to this site hopeing for a easy answer.
    anyway i have owned a property for 20 years at the time i purchased the property i replaced the rear fence where the old one was, recently 3 years ago the property behind was purchased. i found out 6 months ago that the fence line is not on the property line its off 2 feet on one end and 4 feet on the other per survey. the owner is also haveing disputes with his other property lines. 3 months ago i approached him about replaceing fence and put it on correct line he said ok but wanted to wait until other disputes finished. i called him back this week and now he says no way get a lawyer. question is can i remove my fence and put new one on property line?
    thank you
    p.s. property is in king county washington state

  2. #2

    Default Re: Fence is not on the property line

    Sure. It is your fence and your property, what is the problem?

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fence is not on the property line

    More to the point, you already know that this guy is litigious over the boundary lines to his property. Deferring to him, even where you know the land is yours, would at a minimum lend circumstantial credence to his later argument that you thought the land was actually his, in the event he decides to litigate over your fence line.

  4. #4
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Fence is not on the property line

    Quote Quoting aaron
    More to the point, you already know that this guy is litigious over the boundary lines to his property. Deferring to him, even where you know the land is yours, would at a minimum lend circumstantial credence to his later argument that you thought the land was actually his, in the event he decides to litigate over your fence line.

    My response:

    "So," you may ask, "how does our writer avoid such a presumption and evidence of the neighbor?"

    Well, our writer needs to have his own survey completed, and depend upon, and use, that survey for his decision to move the fence to where it's supposed to be; thus, obviating the neighbor's above-mentioned argument.

    IAAL

  5. #5
    Join Date
    Jun 2006
    Posts
    8

    Default Re: Fence is not on the property line

    thank you for the input i think what i will do is just put up a new fence and let him argue it with me

    i have since found laws on him not having the the property for at least 7 years regardless of if the fence was there before
    omar

  6. #6
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Fence is not on the property line

    Quote Quoting omar
    thank you for the input i think what i will do is just put up a new fence and let him argue it with me

    i have since found laws on him not having the the property for at least 7 years regardless of if the fence was there before
    omar
    My response:

    How do you know where to exactly erect the fence?

    Gonna guess at it?

    IAAL

  7. #7
    Join Date
    Jun 2006
    Posts
    8

    Default Re: Fence is not on the property line

    iam going to use his survey and pay for a repost

  8. #8
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Fence is not on the property line

    Quote Quoting omar

    i am going to use his survey and pay for a repost
    My response:

    Oh, okay. So, after he tells you to get an attorney, somehow you think he's going to let you see and use his survey? Yeah, that makes sense.

    You need your OWN survey - - not only due to this neighbor, but also when it comes to the other neighbor's fences where they abut yours!

    I don't think you've thoroughly thought this through, nor have you quite grasped the seriousness of this matter.

    Hey, but do what you think is "right." Good luck. You're going to need it.

    IAAL

  9. #9
    Join Date
    Jun 2006
    Posts
    8

    Default Re: Fence is not on the property line

    yea i quess u are right i will pay for my own survey
    but what would be wrong with useing the other party in litigation survey?the survey is not really in dispute the question is do we have the legal right to move a fence to the correct after its been there for so long

  10. #10
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Fence is not on the property line

    Quote Quoting omar
    yea i quess u are right i will pay for my own survey
    but what would be wrong with useing the other party in litigation survey?the survey is not really in dispute the question is do we have the legal right to move a fence to the correct after its been there for so long

    My response:

    First, you'd need to understand the survey process. Simply stated, quite often, two surveyors can disagree on the results - - depending upon where their "start point" is.

    Second, why would he allow you to use "his survey"? And, even if he did, you have absolutely no idea whether it's an accurate portrayal of your boundaries - - even with his OTHER neighbors.

    Don't you want to be "forearmed"? Get your own survey, and use that as your guide. Let HIM dispute your survey, should a dispute erupt.

    IAAL

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