Legal Question in Real Estate Law in Connecticut

fence and boundary dispute

I purchased my home about 6 and a half years ago. It contained an enclosed backyard which borders my neighbors property. This fence was built by the previous owner and was there before my neighbors bought their home (a year before me) It has been brought to my attention that the fence is on their property and we are being made to move it. Who is responsible for getting the survey to find the actual boundary line???

This comes about due to an addition that my neighbor constructed, after relandscaping his property by bringing in many truckloads of fill. Whenever it rains, water rushes to my foundation and pools at about 2 inches deep. During the winter, I had an ice pack about 3-4 inches thick against my foundation, like a small skating rink. Although the town has approved his addition, they have told us that proper drainage will be put in where my fence stands once the fence is moved.

Is the town responsible for the problems?? Doesn't proper drainage have to be put in regardless of the fence issue??

Do I need to contact the previous owners? I was not made aware of the misuse of the property when I bought my home and assumed that the fence was the property line.

Thank you so much for your advise!


Asked on 6/14/07, 12:09 pm

1 Answer from Attorneys
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: fence and boundary dispute

It sounds like you have two separate issues: a boundary dispute and a runoff issue. With the first you would have to have an agreement or a lawsuit to determine the boundaries. With the runoff issue we would have to determine your damages and bring a lawsuit or counterclaim to force them to correct it. Often these things get settled before trial. Call me if you want to discuss. 860.786.8763

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Answered on 6/14/07, 5:55 pm


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