RedNeckGeek
Super Member
- Joined
- Jan 1, 2011
- Messages
- 8,753
- Location
- Butte County & Orcutt, California
- Tractor
- Kubota M62, Kubota L3240D HST (SOLD!), Kubota RTV900
I don't mind removing the fence, just gives me tractor time. I have been "burned" before going on people's word, 99% of the time no, but I am a little concerned with this situation.
Was the survey recorded with the agency having jurisdiction over that sort of thing? If so, you've legally established the property line, and usually that means that the neighbor was formally notified of the survey. As a courtesy, you may want to send them a notarized letter informing them of your intent. Do not imply you are asking for permission in the letter because you are just making an improvement to your land. If, in the future, you and/or your neighbor wish to build a fence on the property line, check with the aforementioned agency to see if there is a "good neighbor" clause that would force neighbors to share costs of such a fence. That will reduce your costs.
Keep in mind that I'm not an attorney, and I didn't even sleep in a Holiday Inn Express last night. If you're really worried about it, seek the services of a real estate attorney in your area. Most attorneys will consult free with you for the first thirty minutes.