If my neighbor wants to put up a fence where he thinks the property line is, does he need to get its urveyed first?

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If my neighbor wants to put up a fence where he thinks the property line is, does he need to get its urveyed first?

Asked on April 5, 2012 under Real Estate Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Not necessarily.  If he puts the fence up and it is actually on your proerty he can try and acquire the land via adverse possession.  Then it would be up to you to bring an action to "quiet title" with in the time prescribed by law and you would need a survey for that.  I would speak with him and say that you should share in the survey of the line and maybe the fence as well.  Good luck.


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