I recently bought a house in a subdivision with enclosed backyards. I received a mortgage inspection showing my lot's details, including corner markings. However, I just noticed that my neighbor had a survey done, and they've placed a stake about 6 inches from my fence, implying that the fence might not be on my property line. I don't have an active dispute, but I want to know: Should I get a boundary survey? If this stake indicates their land is within my yard, what does that mean for my use of that land? Am I allowed to mow it? Can they come on my property to access their land? Also, if the fence is on their property, can they demand I remove my part of the gate? Lastly, what happens to the stake they've put up if we can't resolve anything? These questions are making me anxious, and I appreciate any insights!
2 Answers
First off, check if there's an actual boundary survey on file with your local city. It might exist since you have monuments indicating property corners. Sometimes previous owners build fences slightly inside their lines to avoid disputes. If your neighbor's survey shows that your fence is off, they could technically demand that it be moved. Just keep in mind, that if their survey doesn't match yours, there may be further complications down the road! Also, reaching out to your neighbor to see if they have a copy of the survey could help clear things up further.
In many cases, the last owner might have put that fence right inside their property line on purpose, so I’d treat it casually for now. Use that space! Mow it, utilize it; it’s not technically trespassing unless you’re explicitly told to stay off it, which typically wouldn’t happen in a scenario like yours. If the neighbor brings it up, just suggest they handle it themselves if they feel that strongly about it.
Definitely agree! It’s better to keep it amicable. Thank them for their survey; it can actually help you when you get your own! Maybe even ask them how they feel about the fence—collaboration might be the way to go!