The neighbor's fence is 11 feet onto my lot, and I have two very different quotes
Bought 6 acres of rural land 14 months ago, planning to split it eventually. Ordered a boundary survey last month because I wanted the split lines drawn properly, and the surveyor found the neighbor's pasture fence sits 11 feet inside my east line for about 400 feet. Call it a tenth of an acre. The fence is old. The neighbor says it was there when he bought in 2009 and he has grazed up to it every year since.
Survey cost me $2,700. Title commitment from my purchase had the standard survey exception, so I don't think my policy helps me here, though I have not asked the underwriter directly yet.
Two quotes. Attorney A: $850 flat to send a demand letter and negotiate, hourly after that if it doesn't resolve. Attorney B: skip the letter, file a quiet title action, $4,500 retainer and an estimate of $12k to $20k if the neighbor answers.
Attorney B's reasoning was that a demand letter starts a clock the neighbor can use, and that every year of undisputed grazing helps him. Attorney A said most of these settle with a boundary line agreement and recording it costs almost nothing.
The strip is worth maybe $1,200 of land. The reason I care is the split. I don't want a title objection sitting on a parcel I'm trying to sell in three years.
So: letter first, or file?