Sometimes it is just a conversation and a copy of the survey
And a tape measure, marking flags, marking paint, and an iphone taking pictures.
Give them opportunity with deadline to remove their belongings.
Double check the fence line with survey and dont be surprised if the fence line has encroached.
You can always simply disclose encroachment on sellers disclosure if laziness is a thing.
I recently on had neighbor encroach his fence and exclude 3 spray heads from builder contractor installed irrigation….installed 20 years ago. I gave him the option to move the fence or I would. He complied and moved his fence within the Labor Day weekend.
I like to measure, flag and photo document before approaching and photo document during the discussion.
Good luck MrFisher.
Last edited by Briar Friar; 11-09-2022, 09:51 PM.
Reason: DocumentDiscloseSpake
My grandma's house (now my moms) in the Heights area is like that from a handshake made in '50's.
Of course yours looks like it was a decision made last week.
Just talk with the neighbor and tell them they will have to remove the fence off your property. Hopefully that won't be an issue. Then offer to sell the house to them.
Adverse possession was mentioned above, that takes years to become applicable.
Call code enforcement and ask to see the building permit and demand they inspect it. CE loves going to sites that were built without permits. The county should do most of the heavy lifting for you. Also, get an aerial photo from google for before their encroachment.
It's a special kind of person to just walk over to your dirt and say, mine! If you ever wanted to start, say, a death squad, look for good ol folks that pull this crap to man the ranks. So much worse than any other type of theft, possibly the most diabolical folks amongst us who aren't already locked up. Criminally insane I tell you. Pond scum!!!
As others already said, check your survey, it will show setbacks. Not only did they blatantly take some y'alls yard by tying their fence right into the rent house, but they built their covered patio/pergola thing right up to the property line and from the looks of y'alls house there is probably a 5' setback along the property line. I would have a field day with that neighbor.
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