Whose job to identify property lines?

Our HOA is at the beginning stage of a property line dispute. It appears clear to me that one of our homeowners has taken over 7-10 linear feet (about 700 square feet) of open space property. In Washington, there is no adverse possession of platted open space that is maintained by a homeowners association, so we will likely ask the homeowner to vacate the encroachment on the open space property.

My question is whose responsibility is it to pay for the cost to identify where the property lines lay? When dealing with city/county governments, it's always the private individual. Does the same rule of thumb apply to homeowners associations?

The cost to identify and map out the encroachment is about $1500 which we would rather not pay.

If you really want to know, the HOA may have to spend the money, but first, try this...

If these homeowners have taken over what you believe in the HOA's common area, get a copy of the property map and check it yourself. If there isn't one in your association records (and there should be), perhaps you can go to the county agency that would keep that information and get a copy. Hopefully, it would be a lot less than $1500. In any case, you'll need that to prove your assertion.

If the map is clear this is HOA property, send the homeowner a letter with your request - and a deadline to vacate. The homeowner is welcome to send a written response with verifiable proof the land is theirs. In the meantime, send a copy to the association attorney - if the homeowner refuses to resolve this, legal action may be your next step.

This is where I'd pursue alternative dispute resolution, if available, to try and save time and money. Both sides could agree in advance to split the cost of the arbitrator/negotiator as well as surveying the area, and whoever wins has to reimburse the other side.

What evidence do you have at the moment to support that this encroachment exists?

If the evidence is strong, I would have a sit-down with the owner and see what he/she says in response to the HOA's evidence. Don't argue. Just hear out his/her side. Then move to executive session to see what the rest of the board thinks.

If these owners have mortgages, then I believe that the lender would have required a land survey, checking the property lines, prior to purchase. I wonder if these surveys would be of any use. Perhaps ask the owners whether they can produce these surveys?

Not all HOA's are the same when it comes to property lines. My former HOA you owned the lot and the house it sat on. Everything else around it was "common area" which you may have "exclusive use" for certain areas. My current HOA we don't have common area. We do have property lines. You may be able to find the "plat" to your HOA at the courthouse to find out what the sizes of the lots are to be. Save time and effort for a Survey.

My last house was NOT in a HOA. However, my neighbor and I got in a huge fight. He wanted me to get a survey for our properties. Heard he wanted to sue me to pay for one. (He never did). That may be the scenerio your HOA could face if the owner wants a survey. They will want the HOA to pay for it especially if they think it is the HOA's land. Now if they think it is THEIR land, they most likely will pay for a survey and give the results to the HOA. If they find they are in error then may be lucky they will admit it.

My neighbor was slightly screwed. He did not know that I knew he had stolen about 3 feet of my property. Funny things about chain link fences... If they were set up for double doors and one side is missing... Good idea someone moved it. (Plus my neighbors told me he had moved the chain link before I moved in). He would have lost his survey result and lawsuit....