On Mon, 24 Jun 2013 12:43:00 -0400, wrote:

On Mon, 24 Jun 2013 15:19:48 +0000 (UTC), Doug Miller
wrote:

Don Wiss wrote in
m:

The back yard neighbor has put up a fence that is 1 1/2" on my property.

One and a half **INCHES** ? Really? You're making a fuss about one and a half
**INCHES** ?

They have a survey. I also have a survey from the same surveyor. I showed
them where the line was. But they went ahead and did this in order to have
the entire top fit behind a phone pole that is on their property. Had they
not faced the good side towards themselves, it would not have been an
issue.

All that is on my property are the 4x4 posts and the top. Do I have the
right to slice the posts and top right at the line?

You'd better be damn sure that the survey is dead-nuts accurate, before doing anything at
all. And your next step after that should be to talk to your neighbor.

There is no such thing. We like to think surveys are some kind of
exact science but when they actually started looking they find +/- a
foot is about as good as they get.
I have 3 survey stakes in the North West corner of my lot from 3
surveyors over the years that you could not cover with a drywall
bucket.

Then somebody is not doing their job.

A land survey has to "close" within something like 3 inches What you
own is described - accurately- by the survey. The survey is
"referenced" to permanent markers, called monuments, which are also
described and referenced to others. If your property is "out in the
boonies" and the survey is an old survey, it may be inaccurate - but
with the "total statios" a they use today they can be accurate to
within inches over miles of terrain.

Are they 100% accurate? No - but close enough to know if the fence is
on his or your property - yes - because the survey deliniates your
property according to the description on the deed. And he DID say
both surveys were by the same surveyor and agreed, if I remember
correctly.

If you are not close to a section monument, where they start is
arbitrary, usually aligning to the centerline of a road ... that is
usually not actually in the right place. That is particularly true in
developments where the developer built the road and ceded it to the
county.

They are even finding out the section monuments are frequently
misplaced.

I just watched a survey of the lot around the corner from me. This guy
just used a metal detector to find old stakes and they took them as
gospel.
Unfortunately one was not really a survey marker so they just put a
dog leg in the property line that does not exist on the plat.