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Not@home Not@home is offline
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Default neighbor built over my property line

First, if you don't actually know where the property line is, you would
be foolish to argue over it, so the first step for you should be to
locate the actual boundary. I would question the poster who said that
the neighbor will have to have a survey, which will reveal any error.
Actual surveys of urban property are almost never done for sales, and
even if your neighbor did a survey, it would show incursions onto his
property, not yours. You could, of course, split the cost of a survey.

My feeling is it would be unfair of you to know of a problem, and do
nothing to resolve it, until after the property is sold and the current
owner is far gone. Any subsequent owner would be reluctant to deal with
you if you pulled a stunt like that, so I think that if there is a
problem, you should do something before the sale to resolve it. That
may be as simple as granting an easement, or leasing the encroached
property. Something you and your neighbor could do without going to
court. I would hire a reputable lawyer to document the resolution,
however. Before I bought this house, the owner realized the neighbor's
driveway encroached, so he and the neighbor agreed to an easement;
unfortunately, the half witted lawyer they went to confused thirteen
inches and thirty inches, so when a subsequent neighbor wanted to widen
his driveway, I had to go to court to convince them that there was an
error in the easement, and I shouldn't have to move my house.

Incidentally, around here a neighbor has to give you access to his
property if that is the only way you can work on yours, but if you get
on his wrong side, he may, inadvertently, of course, give you the access
at a time that is inconvenient for you.

Patches Forever wrote:
I have a fence that encircles my property and (I believe) it is built 6
inches inside of my property line. A few years ago one of my neighbors
poured a concrete walk right up against the fence, i.e. it is 6 inches over
the line. I never said anything because it doesn't cause me a problem,
however he is now going to sell his house and I think he should cut the
walkway back to his edge of the line (at least) before he sells. I haven't
talked to him about it yet but I will be doing so soon. I may need to get a
surveyor to establish the property line. Then, if my neighbor won't cut his
walkway back I may have to take him to court. Does any one here have any

Bill S.