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  1. #1
    Join Date
    Aug 2008
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    2

    Default Neighbor Obtains Survey After Fence Post Placement

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

    After owning a piece of residential property for over 8 years, I decided to extend an existing fence to cover my yard to the south side of my house. My neighbor thought the property line might be off, so I put my posts in a foot back from the the property line that had been observed since I purchased the property. After I placed the posts, my neighbor had his property surveyed. Turns out two of my posts are on his property (by 5-6 inches), and he is now suing me for the cost of the survey and legal fees. Am I going to be stuck paying all this? He also paid to have the lot on the other side of me surveyed (to stick it to me). Turns out all of our fences are off. I own some of the land that had been my neighbors to the north, and my neighbor to the south (who started all this) lost 2-3 feet on the other side of his lot. Thanks for any help.

  2. #2

    Default Re: Neighbor Obtains Survey After Fence Post Placement

    He can't charge you for the survey but you need to move the posts. You might consider offering to pay half just to maintain the peace.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Neighbor Obtains Survey After Fence Post Placement

    My neighbor thought the property line might be off, so I put my posts in a foot back from the the property line that had been observed since I purchased the property.
    Sounds like a timely and cordial warning to get the line surveyed as it was only "agreed to" by you.

    After I placed the posts, my neighbor had his property surveyed.
    Continued notice to you that the line was not agreed to.

    he is now suing me for the cost of the survey and legal fees.
    And what does your attorney recommend?

  4. #4
    Join Date
    Aug 2008
    Posts
    2

    Default Re: Neighbor Obtains Survey After Fence Post Placement

    In response to LandSurveyor:

    Unfortunately for surveyors, most of us have better things to spend thousands of dollars on than surveys to squabble over a few inches of unused dirt. My problem has far more to do with mental illness than a boundary dispute. Two real estate lawyers have given an opinion that my neighbors demands are excessive and that he will likely lose if this case goes to trial. However, they have also stated it will likely be cheaper for me to settle than go to trial. As I feel settling will likely encourage future problems and expense of a similar nature, I am of a mind to let this go to trial and get it over with. But, I will seek further legal advice. An offer to remove the offending posts was made long ago.

    Seeing how three lots in a row allegedly have their fences in the wrong location, and they are all "off" in the same direction makes me wonder if the surveyor who originally laid out our lots did his job properly. A survey is a best professional estimate. Which surveyor was correct? Maybe we should all waste more thousands of dollars and get more opinions.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Neighbor Obtains Survey After Fence Post Placement

    How did you arrive at such a poor opinion of surveyors?

  6. #6
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Neighbor Obtains Survey After Fence Post Placement

    Quote Quoting LandSurveyor
    View Post
    How did you arrive at such a poor opinion of surveyors?
    There are excellent surveyors and atrocious surveyors (just like anything else).

    I had one surveyor -- I am not making this up -- tell me that a 90 degree angle was a curve.

    I told him, "Not in this universe."

  7. #7
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Neighbor Obtains Survey After Fence Post Placement

    For SJ-

    I have heard some really bizzare stuff from attorneys and judges but as a gentleman I will not post it here as some kind of an example to that class.

  8. #8
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Neighbor Obtains Survey After Fence Post Placement

    Quote Quoting LandSurveyor
    View Post
    For SJ-

    I have heard some really bizzare stuff from attorneys and judges but as a gentleman I will not post it here as some kind of an example to that class.
    I could tell you judge and lawyer stories all day long!

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