Hoa built a fence on my property

Started by CourtneyS2 • 7 replies • 583 views

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CourtneyS2 (Texas)
Posts: 74

Posted:

The HOA recently built a fence on my property line. Prior to building the HOA didn't have any sort of survey done land/ boundary. The said they did there were no wood stakes or markers anywhere indicated one was done. The fence is encroaching on my property.
I notified the workers before they erected the fence that the holes were on my property. They said some one from management told them to bring it closer in.I told management as well. The fence on my neighbor side was pushed further back giving them more land. While taking land away from me. We definitely am happy they finally installed the fence. However, not happy about it being on my property.
What are my options?

CathyA3 (Ohio)
Posts: 6,299

Posted:

Get your own proof that the fence is on your property - site survey, etc. Hire a lawyer to tell the HOA to move the fence.

What happened with your neighbor doesn't matter - if the HOA put that section of fence well inside the common area, the extra space doesn't magically become the neighbor's property.

DouglasK1 (Florida)
Posts: 2,046

Posted:

You also need to check you plat and see if there is any easement granted to the association that would allow them to build the fence. For example, some lots in my association have a 5 foot wall and fence easement along their back boundary.

Escaped former treasurer and director of a self managed association.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Good advice is found in those first two responses. Follow it is my recommendation. Rock solid.

Wood stakes are no proof of survey. There are likely some underground metal "pins" that the surveyor can find.

CourtneyS2 (Texas)
Posts: 74

Posted:

Thank you'll for the great advice.

CourtneyS2 (Texas)
Posts: 74

Posted:

Thank you'll for the great advice.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Courtney

How far off the line is the fence?

TimB4 (Tennessee)
Posts: 21,059

Posted:

I agree with Cathy and others.

You need to now prove that they encroached on your property.
Pay for a survey (it's good to have one anyway).
Verify with the property records department that there isn't an easement where the fence was placed.

I don't think you need to hire an attorney at this point.
Simply inform the board that you had a survey done and the fence is not on the property line and is to be removed by mm/dd/yyyy or legal action will be taken. When they ask to see the survey, have them split the cost of the one your did or say that they can pay for their own.

Worst case, you could lose part of your property by adverse possession if you do nothing.

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