Real Estate can you make neighbor pay 1 /2 for Survey?

Father Inlaw died, land was in estate, then neighbor bull doze the fence lines down where we can not tell where the property lines where., can we make the neighbor pay 1/2 of the Survey. State is KY

Real Estate can you make neighbor pay 1 /2 for Survey?
Did the neighbor request the survey also? Probably not then.
Reply:Doubt it but it may be well worth getting the survey done.....and paying for it..


Why did he want the property lines gone??? hmm
Reply:It sounds like you assume that the fence was in the right location to begin with. More often than not, people build fences where they "think" the property line is without conducting a survey first.





To answer you question: No, you can't make them.


If it turns out the fence was on your property you may be able to re-coupe the funds to replace it if that is what you are going after.
Reply:No. You are the one who benefits from the survey being done so you cannot force the neighbor to pay anything. If you have a copy of the abstract from when you father-in-law bought the house, you may be able to locate the property line stakes. Many are concrete and may be below the dirt. Even if the neighbor removed the stakes on his side, the ones on the other side may still be there and a measurement done.
Reply:No. Without the survey there is no reason to assume that the fence was on the property line to begin with.
Reply:You can ask, but they have no legal obligation to pay part


of your survey. Until you know where the property lines are


you can't even claim the fences were not on your property.
Reply:I do not know if you can make the nighbor pay for half of the survey, but you can pay for the survey, and if there is a violation, you can sue him for the damages caused by his actions and the survey.
Reply:It is likely the neighbor was waiting for your father-in-law to die because the two of them had probably disagreed on the location of the fence..... the neighbor thinking the fence was too far on his property, giving your father-in-law part of the neighbor's land. As soon as he passed away, the neighbor "fixed" the problem.





The only way you can get the neighbor to pay for half the survey is if you can show him he has something to gain from it. Then, he still may not pay. He doesn't really have to.





One consideration.... the original corner markers, stakes, pins or monuments may still be in place. Some become buried below the ground a few inches. If you know roughly where those should be, you may dig around and find them.





However, I can almost predict with good certainty the neighbor knows exactly where the corners are. He may have disturbed, moved or obliterated the monumnets.





It is best you get a new survey, have the surveyor replace the corner markers and provide you with a plat. Make sure the surveyor files the new survey and the plat in the county courthouse.





Just pay for it yourself. If you put up a new fence, make sure it is installed about 4" inside your property line.





Remember.... "Good fences make good neighbors"

my bird