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  1. #1
    Join Date
    Apr 2005
    Location
    Sacramento, CA
    Posts
    6

    Default Neighbor Constructed a Planter on My Property

    I am having a property line dispute with my neighbor. I just bought my house 6 months ago. For the last 3 months I have complained to the neighbor about a brick planter he had built on my property. This was done about two years ago before I bought the house. I have a parcel map that shows this property line to be staight from front to back. The existing fence between us has been on the property for over 10 years. I'm assuming that this is the property line. My neighbor built his planter and grass 1 foot beyond the fence line onto my property. I asked him if he had a survey done before the work and he said no. He says the fence is in the wrong place. I just don't believe him being that it was there before he was. He won't help me pay for a survey. Can I go to court wthout a survey? I feel there is enough physical evidence to prove I'm right without one. If I do have to get a survey done can I sue in small claims court to get my money back?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,905

    Default Boundary Line

    If you commenced a legal action, you would have the obligation of proving the boundary line, which would ordinarily mean providing a survey. You may wish to check to see if you can find any boundary markers between the properties, which would demarcate the boundary line. You also may wish to check with the title company which assisted with your closing, or the register of deeds, to see if there is a survey included in the title history.

  3. #3
    Join Date
    Apr 2005
    Location
    Sacramento, CA
    Posts
    6

    Default No Records

    I checked with the county of records and they said that the original survey was destroyed in a flood about 20 years ago. My house was built in 1965. The county only has records from 1973 to current. I did talk to a surveyor and he pulled up as much information as the county could provide. It's almost no better than the information I received when I bought the house. There are no markings in the street except for two "S" marks for my sewer line and my neighbor's sewer line. I feel that with the side yard fence being where it's at and the sewer marking at the curb that there is physical evidence locating the propery line. I have a feeling though, that the court wouldn't except this as evidence. I'm trying to avoid having to pay for a survey. My neighbor doesn't have any more right than I do to say where the property line is, but at least I have some markings to go by.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,905

    Default Boundary Line

    There may well be markers of some sort on the property line, but they may well be buried or overgrown. The county may be able to advise you as to whether you might expect to find a marker somewhere on the boundary line. If so, you may be able to locate it with a metal detector.

  5. #5
    Join Date
    Apr 2005
    Location
    Sacramento, CA
    Posts
    6

    Default

    I will probably have to take that route. The county said that there are markers on my property, but I can't see any. There's a telephone pole right at the location of where a marker should be. I don't know if that can count as a marker or not. The other marker is buried in my neighbor's front yard across the street. I looked over there with their consent and even asked them if they ever saw one. They have been living there for 30 years and never noticed. I'm sure it's buried. I guess I really don't have a choice but to get a surveyor to come out and help me find it and eat the cost.

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