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stlredbird

12:30PM | 03/09/03
Member Since: 03/08/03
2 lifetime posts
Bvmisc
I've recently (July 2002) moved into a house and I got a boundary survey when I did because I knew I would be putting up a fence for my dogs. I went over to my neighbors to tell them I was going to be putting up a fence and they told me that they thought my boundary survey was wrong because their inground sprinkler system is showing up as on my property now (per the boundary survey). I've called the company who did the survey several times now and they are sticking by their original survey. The neighbor has only a spot survey, which is not an accurate survey, it is for title insurance only and shows only a rough outline of your property. The survey company told me the only way to solve this issue is if the neighbors get their own boundary survey and if it conflicted with mine then the 2 survey companies will have to sort it all out. Well, I told my neighbors this and I've also left a copy of my boundary survey between their door and storm door and they have done nothing. They are ignoring me. I guess they figure if they do nothing it will just go away. I've tried to contact them several times to no avail (left notes, knocked on their door, etc.). I've also left my phone number with them, no calls. I cancelled the appointment I had with the fence company even thou I was ready to move forward with the fence. I was ready to sign the contract with the fence company the same week I knocked on their door due to the fact that the stakes from the boundary survey have been up since July and they never said a word to me about it. I've been mowing and raking the area that is in dispute since July of last year. I've even asked them to mark or show me where their sprinkler system is and they haven't. The price of the fencing is going up next month and I am ready to pull the trigger on the fence project (sign the contract, have the fence area staked out, apply for the loan, etc.) as I have been ready to do so for serveral weeks now. I will not put my fence project off much longer because it is clear they are doing nothing on their end. I guess they don't want to spend the money for a boundary survey or maybe they don't want me to put up a fence.
Has anyone ever come across something like this? Does anyone have any advice?

Piffin

05:18PM | 03/09/03
Member Since: 11/06/02
1281 lifetime posts
I've lived and built in a couple of jurisdictions and have been on the local planning board her for ten years.

If all that you say is complete and true, your neighbor is onlyu avoiding the issue becasue thy know you are in the right and they are only attempting to win by confusion and obfuscation. Yes, I have seen this multiple times. Yours is the stronger evidence at this point and it is their burden to prove you wrong. They can't just come with "I don't think your survey is right" They have to haver an opbjective reason to demonstrate that they are right.

Now a couple warning points.
Does your jurisdiction require a building permit for a fence and do you have one or have you applied for one? You might need to do so. If this is a grey area - do it anyway. It will strengthen your case with them or any legal entity that becomes involved.

Once you start the work with a permit, it would take a court order from them to make you have to stop. But there could be some reasoning for them to have you repair their irrigation system if damged in the process. It is to your advantage to move those sprinlkler heads so that they don't spray the fence and cause rot. Get them a few inches on the other side and aimed away and just suck it up and bear the cost of that. I have no doubt that the irrigation installation company made the error in the first place but no need for you to give up your land to let them continue in adverse possesion.

Put the fence a few inches on your side of the line and be happy.

joed

05:32AM | 03/10/03
Member Since: 09/17/02
524 lifetime posts
If the survey company stands behind their work then they would have to bear the costs of moving the fence installed in the wrong place.

stlredbird

06:04PM | 03/10/03
Member Since: 03/08/03
2 lifetime posts
Thanks for the responses. Yes, I do have to obtain a permit from the city I live in to have the fence installed. I had the fence company come out today to stake out the parameter of my fence. I left a note telling my neighbor the fence company would be out today and could they point out (or mark) exactly where the sprinkler system is so we could try and avoid it, well once again they did nothing. Great point about the where the sprinklers heads will be spraying, I just don't know where the water will be spraying because I've never seen their system on. I'm coming in 8-12 inches with my fence on my side. Again thanks for the advice!
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