New Owners / Property Dispute?

I have owned my home for 4+years. When I bought it I got a survey as well as the property markers were painted and are VERY CLEAR. The neighbors that I shared this line with and myself had a mutual gentleman’s agreement on the use of a driveway. There was a 4′ chain link fence dividing the yards. The neighbors subsequently moved out and put the house for sale. They also took the chain link fence out and replaced it with a 7′ wooden fence. In doing so they moved the fence 34 inches onto my property leaving very little room for me to get into my backyard. they only moved one end of the fence. (the driveway end) I assume they did this to make the driveway look like it belongs to the house perhaps for a better sale value. New people have owner the house for roughly 8-10 months and I have spoke to them about the issue. They are under the impression that because they bought the house like that, it is now their property. The driveway in question was at one point a mutual drive to get into either backyard. within the last 10 years or so the owners and or tenants assumed the driveway. My house was for the better part of 20 years a 2 apartment rental unit where the owner had an agreement with the neighbors that they could occupy the drive. New Owners have come and gone since these mutual agreements were in place. The new neighbors are causing quite an uproar and is a very unfortunate circumstance. In fact the new neighbors do not even live there, they rent it out to 2 students.

I want to know what I can do, How I can go about getting my property back. Am I legally entitled to this property. Do the new Owners have a right to occupy MY land. Can I take the fence down and move it to the correct spot.

Kindest Regards,
Hamilton, Ontario Canada

5 Responses to “New Owners / Property Dispute?”

  1. the kid Says:

    Get it surveyed again, and show them the report. They must move the fence. If they don’t, you go to court.

  2. realtor.sailor Says:

    In the US, you would need to update the survey, then send a copy to your neighbor demanding that he cure the encroachment. If he doesn’t you will have to go to court.

    realtor.sailor

  3. leo@askbiblitz.com Says:

    Title is title and should trump other owner’s argument that conduct in any way changes this. Explain this with a letter advising neighbor to remove the fence, which encroaches almost three feet on your property. You may wish to include an offer to share the cost of installing a fence at the true property line. As their own title documents no doubt revealed at the time of purchase, the fence is an encroachment. That you have not asserted your property rights previously can in no way be mistaken for acquiescence. Add that that you would prefer to resolve the matter out of court. This will get their attention. If it doesn’t, pay an atty to run the file. You’ll win. Gentlemen’s agreements are tough to prove and not persuasive in real property matters.

  4. Patrick Says:

    Just as others have said, show them the survey. If the fence is on your property let them know that they need to remove it. Tell them if they don’t, you will have it removed and sue them for the cost.

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