Does anyone know the legalities........

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TTFishon

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My neighbor wants to put up a fence. Big deal right? Problem is we don't really know where the property line is. He says one thing and I say another. So we need to get it surveyed....pretty simple. He doesn't want to pay for the survey. He said he's going to put the fence where he thinks the property line is and me and my wife should pay to disprove it. I think that's total BS. He wants to put up the fence. Shouldn't it be up to him to legally figure out where our property line is? BTW, I'm willing to pay half for the survey and the cost of the fence and I'm willing to help build it. What are your thoughts?
 
1

18406ej

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I would Lane County and ask someone there. I am sure someone has come up against this before.
 
M

meluvtrout

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Let him build it, then get it surveyed, if it turns out to be on your property, call the cops for trespassing. That'll teach him his lesson!
 
S

sherman

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No you don't want to do that. You don't want to have an ongoing feud with a neighbor that you may have to live next to for years to come. Did you tell him you would be willing to share the cost of the survey & the fence along with helping to put it up? It sounds like you are trying to be reasonable. If he doesn't wish to be reasonable tell him that you will check with the planning commision as to permits. Even if you live in a rural area there are laws to follow. Be sure to get with the planning commision before he gets it put up or the problem could escalate if he has money spent & has to tear it down. With some people & the way they think that makes you the sob that cost him money instead of him being a stand up citizen.
 
O

OnTheFly

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I would threaten to burn his barn down.......Just joking...but as sherman said, you need to do all you can to make it good between you and your neighbor. You may be able to get a plot plan of your property from county and simply measure over from one side to to other to determine the approximate property line.
 
T

TTFishon

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Yeah, I think that's what I need to do because as of now we have a good neighbor to neighbor relationship and I want to keep it that way.
 
C

Combat Chuck

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Your property has probably been surveyed in the past and should have property pins of some sort in the ground. Contact the surveyors office (in the courthouse?) to find out what has been placed in the ground and distances so you can retrace the survey. If you call and give them your address they should be able find the survey and email you a copy (or just go in). I assume this is lane co., if its linn just pm me and I can hook you up.
 
F

fishtales

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A title report and a plot map is a good idea if you want to keep it legal. +1 for keeping it frendly with the nighbor. Some counties rent metal detectors out to help people find property pins.
 
G

GDBrown

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In Washington county I can get the plot map online. Maybe you can do the same where you are.
 
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Combat Chuck

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FYI - A plot map is usually pulled off the assessment map which isn't perfect. It is usually close but there are errors in it because it is often drawn off of old or limited data. Even the aerial photos behind the plot lines is only accurate within a few feet. A physical survey is perfect. To be absolutely sure, find the property pins.

-the guy who creates assessment and plot maps and used to work for the surveyors office
 
T

the_intimidator03

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well TT this kind of reminds me of my dad putting up a fence and the neighbors saying it was too close to their property line, so we got it surveyed and found we could move it even CLOSER, had to put a gate in so their meter could be read LOL they also got the ugly side of the fence view from their kitchen window. My dad didn't care much for the neighbors. But I do agree with calling the county and seeing what they have to say,

Another thing I would look into is where you two believe the property line is, then ask yourself how much would be lost if its only a foot or two off? Could do it and also have a fence that is asthetically appealing on both sides
 
T

TTFishon

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Thanks for the replies guys. I just sent an email to the county surveyer and I'll give him a call on Monday too.
 
F

fishtales

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well TT this kind of reminds me of my dad putting up a fence and the neighbors saying it was too close to their property line, so we got it surveyed and found we could move it even CLOSER, had to put a gate in so their meter could be read LOL they also got the ugly side of the fence view from their kitchen window. My dad didn't care much for the neighbors. But I do agree with calling the county and seeing what they have to say,

Another thing I would look into is where you two believe the property line is, then ask yourself how much would be lost if its only a foot or two off? Could do it and also have a fence that is asthetically appealing on both sides

Our neighbor mentioned putting a gate up in a "shared" fence. Our realator said we might want to send them a letter to let them l know that just because there is a gate it does not mean that they have an easment to enter our property or go though our property. The fence was completely on their property. Never sent the letter but made me think a bit about it.
 
A

Amberjack

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If you have access to a metal detector, you may able to find the pins, they will usually be 1/2 inch rebar, or iron pipe. If they are in, any surveyor will have to accept them as the actual pins.
 
G

GoldFishSlayer

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lebanon
yea your doing the right thing heck even offering to pay half and help build it the least he could do was make sure it was right with you correct? dont let him build a fence on your side because after a certain amount of years I believe 7 or 15 between two owners the property is legally theirs kinda messed up but my parents went through this where they live neighbor wanted to build new fence had it surveyed found out my dad owned about 10 ft of his property (realize thats like 3-10 ft from front to back over about a 2000ft line = quite a big difference and quite a crooked fence) needless to say the fence had been there long enough the neighbor couldnt move it back which was good for my dad who had buildings through the line long story short it got all messy and bad for no reason because whoever built the fence 40 years ago never bothered to check for those pins
 

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