My parents live in Port Lavaca on a double corner lot. The existing fence on the back property line was put there more than 30 years ago by the previous neighbor. It was understood between he and my dad that the fence was into my dad's property by 1.5 to 2 ft to go around some decent size pecan trees that are right on the property line. Fast forward to today and the current neighbor has owned this property for a few years. He mentioned to my dad that he was going to repair/replace the worn fence. My dad told him not to concrete any posts into his property, existing fence posts were not concreted in. The neighbor went ahead and had new fence posts put in and set with concrete. My dad told him he needs to move them. The neighbor had a survey done and it showed how far into the property line the fence was. He then offered to buy the strip from my parents. They have no interest in selling a small strip, as they currently have their house listed for sale and don't want to affect the larger property value. The neighbor is being difficult and not wanting to move the fence
Question 1: My parents are going to send him a certified letter giving him 10 days to move the fence. Can they also include a statement that if the fence is not removed by said date, they will cut the concrete fence posts off at the ground and put them in his property? If not, what can they do after the 10 days?
Question 2: Is it worth doing an independent survey to mark the back property line prior to the sale to help sort this out or will the survey done during the sale help accomplish this?
Any other advice is appreciated. My parents are up in age and don't know what to do short of getting an attorney. I'm trying to help them from up here in Ohio.
Question 1: My parents are going to send him a certified letter giving him 10 days to move the fence. Can they also include a statement that if the fence is not removed by said date, they will cut the concrete fence posts off at the ground and put them in his property? If not, what can they do after the 10 days?
Question 2: Is it worth doing an independent survey to mark the back property line prior to the sale to help sort this out or will the survey done during the sale help accomplish this?
Any other advice is appreciated. My parents are up in age and don't know what to do short of getting an attorney. I'm trying to help them from up here in Ohio.