property line disputewe think our neighbor has built his garage and fence on our property (based on where we and previous owners of the pro...

Question

property line dispute

we think our neighbor has built his garage and fence on our property (based on where we and previous owners of the property believed the line was). What should be our first step to prove this? Are we responsible for having the property surveyed?

Answer

Re: property line dispute

If it is recent construction, you could first check with the building permit issued by the city. Ask the building inspector whether there was any question of the placement of the structures.

You could also examine the land itself for monuments or pins sometimes set at the corners of lots. Finding these might allow you to decide if you have an issue.

Ultimately, the only way to answer this is with a survey. You would have to bear the cost, but it may be recoverable if you are ultimately proved correct.

Also, keep in mind that if the structures have been there for at least 15 years, the owner may have a right to keep them there via adverse possession.

Please e-mail me with any other questions.