Oral boundary line agreement with fence

My neighbor and I put up a fence between our properties. Neither one of us was sure of the official property line but we agreed on a line and put up the fence, each paying half. We then occupied our property as denoted by the fence. Now, nine months later my neighbor has located the survey pins and wants to move the fence 2 1/2 feet in my direction at the back of the property. Since we have already landscaped the property this would present us a major problem. Does the fence now denote the legal boundary line since there was an oral and financial agreement from both sides to where the fence was orginally placed? Or do I have to pay to change my landscaping so that he can move the fence?

It is not the legal boundary. But since they agreed with you to put the fence where it is, you may hold them to the costs for making the change. Otherwise they should wait till it is time to replace the fence.

This situation happens time and time again. Two neighbors wish to place an improvement along the property line. Unfortunately neither of the neighbors knows the location of the line. Why don't they? Their land is probably the most expensive item they will ever purchase. Let's continue. They take a guess at the line and chances are they are wrong. Now what happens. at a later date, one of the neighbors sells and the purchaser is required to provide a survey. Guess where the improvement is located. Guaranteed it is not on the property line. This situation can be avoided very easily. There is a very old profession, no not that one, that 's primary function is to locate property lines. If the location of a property line is in question, why not obtain the services of a professional land surveyor? Yes, it will cost for the survey, but how much time, anxiety and money will be spent once the error surfaces? If you intend to work near the property line, have a survey performed and the corner markers set. I'll glady take your money to perform the survey, but I won't waste time listening to you whine because you caused your own problem.