Why could this be legal?

DEE W

Contact the fire marshal.

What are these "Original papers" to which you are referring? How did the property end up theirs? Was there already a court action to quiet title and determine the property line? If so, you might be precluded from bringing an action to re-litigate the same issue.

There are many details to your story that would need to be filled in for a complete answer, but here are a couple of issues:

1) First and foremost, you have to figure out where the property line really is. All other courses of action will stem from the answer to this question. You have to determine the correct metes and bounds legal description of the property, which will look something like this: "Beginning at a point (POB) on the North side of James Street 50 feet East from the corner formed by the intersection of the East boundary of Peter Road and the North boundary of James Street; thence East 90 degrees 200 feet; thence North 300 feet; thence West 200 feet; thence direct to the POB." This is usually kept in the Recorder's Office for the county in which the property sits. Once you have the legal description, you will need a surveyor to plot out, in accordance with the legal description, where the property line in question lies.

2) If the property line is where you believe it is, then they are trespassing (assuming the fence hasn't been there so long that they have a claim of right by adverse possession). I wouldn't, however, go forward and knock down their fence without a court's determination that you are correct. You may have to file a lawsuit for trespassing and to quiet title (among other possible causes of action). I'm afraid there is no inexpensive way to resolve this in court.

3) If the property line is where they believe it is, depending on the local ordinances, they may have the right to build a fence right up to the property line. Many cities/counties have ordinances relating to what is called a "setback," which is the minimum distance from the property line that a building must sit. But in my experience these ordinances often relate to buildings, not fences. Even worse, if the property line is where they believe it is, it may be *you* that is in violation of the setback requirement. This is a serious issue, and there may possibly be liability by your title insurance company. You would want to consult a real estate attorney on this issue.

4) There is a possible compromise that can be worked out. You may be able to come to an agreement with the neighbor to split the cost of the surveyor's assessment and agree to be bound by the results. This would basically be an agreement by both sides to submit to binding arbitration. You would want to get an attorney to draft the arbitration agreement so that they could not weasel out of it if the result doesn't go their way. Of course, you also would not be able to weasel out of it.

[The purpose of this post is to give a general understanding of the law; not to provide specific advice. While a great deal of care has been taken to provide accurate and current information, the ideas, general principles and conclusions presented in this post may differ depending on local, state and federal laws and regulations and court cases. Because the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult professional legal counsel in his or her state regarding the applicability any points of law discussed in this post to any specific problem. This post should not be used as a substitute for competent legal advice, and should not be construed as having created an attorney-client relationship.]

still_happy2006

your best bet would be to get an attorney and see why the land changed and who changed it. More than likely when they bought the property someone mismeasured the land or when you bought the property someone mismeasured the property line. If the fence is blocking you from escaping the window incase of a fire then calling your local code enforcement officer or the fire marshall may resolve the issue. Good luck

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