The survey of the property indicates the neighbors fence is 10 feet inside my property. Which is the boundary of the property: the fence or the surveys property line?
A professional survey is produced by state-licensed surveyors who may or may not do their job properly. While many surveyors are very exacting in their work, others have been known to be somewhat sloppy and rely too heavily on an unofficial drawing of the property, such as a builder’s site plan. Assuming that the survey is done properly, encroachments such as a fence or structure that crosses the property line are almost never intentional. Regardless of the intent in locating the structure, however, anything on your side of the property line is your property, no matter who paid for it. Unless there is some agreement between the owners of the neighboring properties (or their predecessors), anything placed on the neighbor’s side of the property line becomes property of the neighbor, just like a gift. Moreover, a structure built over the property line almost certainly violates local setback laws and zoning regulations. The only exception to this rule is if the structure has been in that l
Related Questions
- My neighbor has a fruit tree whose limbs extend over my property boundary line, causing damage to my roof, dropping fruit all over my yard, etc. What can I do?
- My fence has been separating my property from my neighbors since I moved hereisn this the boundary line?
- How close to the property line can I put a fence? Does the "good" side have to face the neighbor?