neighbour building their fence on our lot

[mansjob]

Months ago, my neighbour set up some stubs around their lot preparing for fence. We measured the stubs and found that they weren't right - they took more space from our lot at one corner - this makes the side that shared with us a broken line (it seemd that two strait lines joining together with an angel).

Today I talked to them and found out that they gonna build the fence tomorrow morning.
They insisted that what they did was right. In fact, while I was talking to them, the man was actually moving one of the stubs (the joint of the two lines on the shared side) towards our lot even further, just right in front of my eyes.

I would like your advice and help on how to proceed from here, especially I'd like to know if there is anything that I can do when they have the workers here tomorrow to start to build the fence.I hope they have at least one professionals, so that I cn communicate with them.

I understand that if my neighbour did wrong, then they would have to correct it later in which case it would cost them more money. I hope that we can solve this problem at the current stage because after all we are neighbours. I hate to see that I have to get court orders for them to re-do their fence.

Do anyone had similar experience before? Would you mind of sharing yours with me and help me?

Thanks a lot in advance.

 

[oread]

There was a document that details the size and exact location of your lot (I forgot about the name, but it was a required document to close your house). Consult that document and keep talking to your neighbor. Make clear to them that IF they made a mistake, they WILL need to rectify it later. Therefore to make both of your lives easier, it is better to wait until your dispute is resolved. At least this buys you a bit of time and maybe you should talk to your real estate lawyer if further actions are needed.

 

[小傻]

最初由 渐渐 发布
There was a document that details the size and exact location of your lot (I forgot about the name, but it was a required document to close your house). ....

Surveyor's Real Property Report:blink:

 

[华哥]

如果他们建好后最终发现是在你们的地上,那这个官司就肯定能打赢了.不知是否还能让他们赔点钱? :blink:

 

[华哥]

加拿大是个法制社会,蛮横无理是没有效果地

 

[楚风]

最初由 mansjob 发布
I would like your advice and help on how to proceed from here, especially I'd like to know if there is anything that I can do when they have the workers here tomorrow to start to build the fence.I hope they have at least one professionals, so that I cn communicate with them.

In genearl, the house owners should hire a professional surveyor to place one iron bar (about 2 feet long) at each corner of the property line prior to buiding a fence. I have organized such survey for my street (25 houses) and each of us paid $135. You have three options:

1. Try to find the old iron bar (or metal pin) at each corner of the prperty line which is usually 6 inches into the dirt.

2. Ask your neighbour to delay the work untill a professional survey is complete.

3. Refuse to let the fence built along the property line if your neighbour proceeds with the work. This is you rights. your neighbour would have to build the fence at least six (6) inches into his own property. A fence is 4 inches wide, 2 inches on each side.

 

[mansjob]

Re: Re: neighbour building their fence on our lot

Thank you, 渐渐, 小傻, 华哥, 丫丫, 金三木子,very much.Your input is very much appreciated.

I like this forum - it earns a lot of respect from everyone who comes here (both the giver and receiver). Good job, 渐渐and丫丫班主!