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  1. #11
    Join Date
    Mar 2017
    Posts
    1

    Default Re: What Happens if You Discover That a Fence Line is Not Actually the Property Line

    I've had this same situation twice in AZ and have successfully reclaimed my property from the neighboring lot both times (two different properties).

    I know it's not what you'll want to hear, but your first step may be to have your lot surveyed and the corners marked (assuming there is not a historical survey that you can find). Additionally, I'd have them delineate the line in question while they are out there.

    Make sure that your surveyor records their survey map with the county recorder (which is required by law btw) and also verify that s/he does not have any active complaints w/the state (seriously, there are a few very bad surveyors out there) before you lay down the 1,000 bucks or so.

    Once you have your corners and the p.line in question marked you can either try and work it out w/the neighbor yourself or get with a lawyer who specializes in such.

  2. #12
    Join Date
    Oct 2008
    Posts
    26

    Default Re: What Happens if You Discover That a Fence Line is Not Actually the Property Line

    Bud,

    I think you should look at the BIG disclaimer on the front page of the GIS. That disclaimer very clearly states that in no way should that GIS data be considered a boundary map.

    Pathfinder, I strongly suggest that, if you are concerned, you get a boundary survey, or look up any boundary surveys of your property that might be available at the County Clerk's office.

  3. #13
    Join Date
    Sep 2010
    Posts
    18,910

    Default Re: What Happens if You Discover That a Fence Line is Not Actually the Property Line

    I'm glad you came by two years after the fact to tell us that.

  4. #14

    Default Re: What Happens if You Discover That a Fence Line is Not Actually the Property Line

    Quote Quoting yyz0
    View Post
    there could be no mistake here. You bought the property that is described in your deed, just because there is a fence in the wrong place doesn't mean you don't own the property you bought.

    What has the neighbor said about this issue?

    If you want to get the fence moved you'll need to get a current survey to be able to prove exactly where the boundary is located before you can push to reclaim the property.
    Pardon me for saying so. But your failure to inform the OP that the placement of the fence may very well serve as defining the boundary line - notwithstanding deed descriptions and surveys - cast serious doubts as to your qualifications to address the subject.

    You would do well to read and perhaps learn from the "expert' response of "budwad" alluding to fundamental principles of real property law and then gracefully withdraw from the thread .

  5. #15
    Join Date
    Oct 2016
    Posts
    2,764

    Default Re: What Happens if You Discover That a Fence Line is Not Actually the Property Line

    Quote Quoting latigo
    View Post
    Pardon me for saying so. But your failure to inform the OP that the placement of the fence may very well serve as defining the boundary line - notwithstanding deed descriptions and surveys - cast serious doubts as to your qualifications to address the subject.

    You would do well to read and perhaps learn from the "expert' response of "budwad" alluding to fundamental principles of real property law and then gracefully withdraw from the thread .
    It seems that everyone withdrew from this thread over two years ago.

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