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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38795
Experience:  I provide family and divorce law advice to my clients in my firm.
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Been in my house for thirty years and prior to this my uncle

Resolved Question:

Been in my house for thirty years and prior to this my uncle lived in the house.In 2001 the neighbor on the south side of me sold property.New neighbors have been since 2001.Property line was in question.But I have been mantaining this property for the 30 years I have been in my house.So neighbor on the south side of me wan to put up a new fence replacing the old ones,but there house is in between where there is no fence.How is this property going to be maintained with out coming into my yard to cut lawn ect.?and if I choose to put up a fence filling the gap between the two fences can I.Now that the property has been surveyed and the property line stakes are there , neighbors feel they can come over into my yard and put up there own stakes,there is only a small bit of leway now between property line and the fence in back maybe going to a gradeant of a foot or two to their fence to aprox a few inches in front.Also my hastas (flower)are up against the fence and now I feel that they are not retreiveable.
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

You stated that the property was surveyed a few days ago. Where exactly were the stakes placed? Just to be clear you wish to know where and how the fence can be put up?
Customer: replied 3 years ago.
Stakes by the surveyor have been set on my side.Like I commented the space between property line and the original fence line ranges from 2 feet to a few inches.Also neighbor put up stakes of their own,plus put a small rope connecting each of their metal stakes down the line Property size is 50.00x120.00
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

Exactly who paid for the survey to take place--did you retain their service, was it the neighbor, or did you both chip in?
Customer: replied 3 years ago.

Neighbor paid for survey alone I did check into having another survey done and the survey companies i talked to said that the stakes are probably in the right place.

Just a heads up I may lose connection we have severe weather coming may have to leave for basement.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

In that case I do not see the point of having an another survey done, as it appears that his own surveyor actually found more space for you and not the neighbor. In that situation the fence CAN go up but it has be fully on the other person's property, or if you both choose to split the costs, exactly on your property line. There may be a county or a municipality ordinance forbidding certain fence locations--to find out contact your local zoning commission. Most of the jurisdictions permit a fence to stay right on the property line. In terms of entering your property, if the neighbor continues to do so, contact the police and file a complaint for trespass, and if he still refuses to stop entering your property, consider filing civil suit against him for damages.

Good luck.
Customer: replied 3 years ago.
No the survey is giving them the 2 feet not me.Still wondering if my flowers planted next to fence line are retrievable seeing the property line is now 2 feet more to the south of me.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

My apologies on misunderstanding. In your situation then you can pursue a multitude of avenues. First of all you can claim "adverse possession" via the courts and state that since you utilized the property personally for 30 years and you have flowers grown on the property, the property is lawfully yours. This will require a petition via the courts and a formal hearing in front of the judge where new borders for property are set up. Second, you can obtain your own survey and see if they match up. Third, you can consider putting up your own fence at original locations and then filing for the adverse possession option I outlined.

Good luck.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38795
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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I provide family and divorce law advice to my clients in my firm.