installing privacy fence

[huberm]

I live right next to a car dealership and they decided to expand their lot so it is now adjacent to the side of my property. I want to put a privacy fence up just on that side of the property.

I have a pretty good idea where the property line is, but do i still need to get it surveyed?

 

[NogginBoink]

Do you need to? No.

However, if you build the fence, and it's even a teensy bit on the dealership's property, I believe they have the right to rip it down without contacting you or compensating you.

Now, one would hope that two neighbors could come to a peaceful settlement in instances where something like this happens, but generations of legal cases show this isn't always the case.

Getting a survey would help you avoid future nastiness if you were to build on their property. Checking local ordinances and easements could also save you some heartache and grief. Your municipality may also require getting a building permit of some kind.

 

[skyking]

are you sure there are no survey pins already there? Go root around a bit, and look for steel pins with colored plastic caps. If you don't find them on that side of your property, check the other side.
If you have a detailed description of your lot and the pins on the opposite side, you can measure over and establish the dealership side very accurately.
If you plan on sharing the cost of the fence with someone, put it right on the line, straddling it.
if you plan on incurring all the cost and maintenance, put it just inside the line, so no part of the fence crosses the line. Giving up an inch or two can save you hassles in the long run there.

 

[fitzov]

As an official AT lawyer I can tell you that there are two ways to go about this problem--the easy way, which might, if you are unlucky although it is unlikely, turn out to be harder than the hard way, or the hard way.

The easy way is to simply build the fence on the obvious line--least likely to arouse suspicion or instigate a quarrel with the dealership.
The hard way is to go through deed records available at your town hall and find out which one suits your own purposes. Then consult a real lawyer to see if you can have a new survey done to establish authenticity. You just might get a couple of feet from the dealership property.
Good luck.

 

[FoBoT]

would you be upset if you had to tear the fence down and start over?

 

[huberm]

Originally posted by: FoBoT
would you be upset if you had to tear the fence down and start over?

YES

 

[Fireball77]

I work for a civil engineering/ land surveying firm and if you want, you can have a survey crew come out and find the corners for your lot. You may be able just have them locate the corners for you if they are still there. If not, you will have to file the Corner Record, or Record of Survey.