Who is responsible for a fence put up on wrong property line. Any fault on the city?
Aug 31, 2009
in
Earthquake Questions
Help. I have resided in FLORIDA in my home for years.
After Hurricaine Wilma I had a fence replaced . I went by my survey and the city of Wilton Manors inspection passed the fence.
My new next – door neighbor who recently purchased the property states that according to the survey he had done,My fence is 2 feet on his property.
He wants a fence up on his property line.
I don’t want to get caught up in a law suit or spend money needlessly.
I plan on staying in my house for long time.
Any thoughts?
The City who passed the inspection on the fence holds no liability?
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8 comments
Think4Yourself on August 31, 2009 at 11:50 pm
YOU are responsible.
Farly the Seer on August 31, 2009 at 11:50 pm
If you put the fence up, using your survey, and it’s on his property, it’s all on you. Maybe you can strike some deal with him, pay him a bit of money for his trouble. Otherwise, I don’t see a real good solution.
cantcu on August 31, 2009 at 11:50 pm
I don’t know, it is usually the contractor who built your home thet screwed up. If your neighbor is correct, that is his property!
Pat L on August 31, 2009 at 11:50 pm
ITS NOT WORTH FIGHTING OVER 2 FEET OF LAND. TELL HIM TO GO AHEAD AND PUT HIS FENCE UP AND HE CAN TAKE YOURS DOWN FOR YOU . HE PROBABLY WONT BE AROUND LONG ENUF TO WORRY AS HE SOUNDS LIKE A LOUSY NEIGHBOR AND THEY NEVER STICK TO ANYTHING
hexeliebe on August 31, 2009 at 11:50 pm
Regardless of what you want, if both surveys say different things, you will need court intervention to resolve the issue. When the court rules, then either you or the neighbor will have another lawsuit, against the surveyor.
Tell the neighbor that you are not moving anything until such time as the court decides which survey is accurate.
EDITED BASED ON ADDITIONAL QUESTION:
No, the city has no responsibility in this matter. As I told you, one or the other survey is accurate and the surveyor who filed the false survey is the only person or entity who is at fault.
By the way, Yes, I am an attorney.
multipure417278 on August 31, 2009 at 11:50 pm
Did you put up the fence or did you hire someone to do it?
The contractors are supposto get a permit and so are you if you put up a fence in the state of florida.
You need to get a copy of your survey, call the city permit office and have them come out to make sure its on your property.
If you didnt get a permit, and you have your survey and the neighbors are correct , you will need to move your fence.
I had the same problem with a contractor…he put my fence 2 inches into my neighbors yard…He was responsible to come and move it.
2 Feet is a BIG mistake!
Good Luck
jenochl on August 31, 2009 at 11:50 pm
Yes, I have a thought. First, you could have another surveyor survey your property. The first surveyor could have made a mistake. Second, you could ask the neighbor to leave the fence where it is and in return mow your neighbor’s two feet of property as long as you own your property. Of course, you will be paying your neighbor’s property taxes on your neighbor’s two feet of property. Third, you and your neighbor can leave the fence where it is and let your neighbor mow the two feet on your side of the fence. That’s what my parents and their next door neighbor decided to do.
bmy_jj on August 31, 2009 at 11:50 pm
Typically the city inspects the fence for height and visibility concerns at interchanges they don’t usually have anything to do with certifying a property line. If they did we would need to spend money on surveyers.
the old line amongst surverys is THE FIRST LIAR IS ALWAYS RIGHT. typically a surveyor will have another company resurvey a disputed marker …. not sure how to contest this