Property disputes between neighbors can be a significant source of stress and tension. One common issue is when a neighbor builds a new structure, such as a fence, that encroaches on your property. This can be especially shocking if the construction happens while you are away at work.
In this situation, it is important to protect your property rights while remaining calm and trying to preserve a good relationship with your neighbor. Here are the steps you should consider.
1. Take a Breath and Document Everything
The first step is to remain calm and avoid any rash decisions or confrontations. Take time to carefully assess the situation and document the current state of the fence and your property.
Take clear photographs from various angles, making sure to capture the entire length of the fence, the cemented posts, and the existing survey stakes showing the property line.
Record any measurements that indicate the encroachment. If possible, use a measuring tape to determine the distance between the fence and the property line. In this case, it appears to be approximately two feet.
Keep copies of all photographs, measurements, surveys, and other relevant documents. These records could become important if the dispute escalates.
2. Verify the Property Line With Surveys and Records
Before taking further action, verify exactly where the property line is. Locate your deed, previous surveys, and any other property records you have.
If you do not have a recent survey, consider hiring a licensed professional surveyor. A surveyor can accurately establish the boundary and, if necessary, place new markers.
Do not rely solely on the position of an old fence, landscaping, or your own measurements. The legally recognized boundary may differ from what appears on the ground.
3. Talk Calmly With Your Neighbor
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