Action 9: Fencing company moves fence built on neighbor's property

by: Jason Stoogenke Updated:

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CABARRUS COUNTY, N.C. - Make sure you know your property line. 
 
You may remember Action 9 told you about a Cabarrus County homeowner, Lorie Card, in May.  She hired B&H Fencing to build a fence so her pit bull would have a place to run around away from children.  The company put up part on her neighbor's property.
 
Card didn't know her property line. Neither did B&H. One wall ended up about a foot and half over the line and on her neighbor's yard. 
 
B&H insisted it was the homeowner's job to know the property line. Experts told Action 9, he was right. 
 
Real estate lawyer Ralph McMillan said, "Know your boundary lines."
 
Still, B&H's owner, Bill Rutan, promised to move the entire side anyway and for free. He did.
 
"He did a great job, he really did," Card said. 
 
Rutan said make sure you know your boundaries: It's on you, not the builder. 
 
"Know where your property stakes are. Know where your boundaries are and, if you can't find them, have a surveyor come out," Rutan said.
 
That can save both sides a lot of problems.  Now, Card's neighbor is thinking of putting up a fence.  Hopefully, he'll make sure he knows exactly where it should go first
 
If you end up with a fence on your neighbor's yard, you can always see if the neighbor will agree to, what's called, a "permissive-use agreement."  Basically, the neighbor agrees to keep it way it is and, if anything ever happens to the fence, it will be rebuilt in the correct spot.

Read our past story: Action 9: Property owners’ responsibility to have fence built in right spot