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My new neighbor and I are in a dispute over the boundary. I…

My new neighbor and I...
My new neighbor and I are in a dispute over the boundary. I had my property surveyed and so did he. Both surveyors are licensed. My surveyor was very expensive. I do not know how much my neighbor pay his surveyor. The two surveys do not match. According to my survey, my fence is in the correct place. According to his survey, my fence is 5 feet into his property. My neighbor wants me to move my fence. What can I do?
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Answered in 8 minutes by:
3/11/2018
legalgems
legalgems, attorney
Category: CA Real Estate
Satisfied Customers: 13,949
Experience: Just Answer consultant at Self employed
Verified
I am sorry to hear this
The person that alleges the fence is encroaching has the bueden of proof, by clear and convincing evidence. As such the party may petition the court for an injunction to remove but then the defendant may submit their survey. The court may order a third survey by a surveyor approved by the court to determine if there is actual encroachment. The parties may also subpoena the surveyors to testify as to their findings and the court will determine which is correct.
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Customer reply replied 5 months ago
Is it common for surveys of a property to be different?
Not normally since they go off the property description contained in the deed or Plat map but human error is of course possible.
legalgems
legalgems, attorney
Category: CA Real Estate
Satisfied Customers: 13,949
Experience: Just Answer consultant at Self employed
Verified
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