Looks like a surveyor is necessary

[Torn Mind]

It's a property dispute where the neighbor claims a fence is shared while my side says it was built completely within the yard. Has some major legal implications, including maintenance of the fence and whether a trespass has occured.

Based on my limited research so far, it looks the only sure way out is a boundary survey. I guess I'm asking for help about what to provide the survey company over the phone so they don't overcharge. Or if there are alternative surveys.

My mom says she paid for it all and had to get the fence vetted out by the HOA back then. As an aside, upon taking measurements today, I have become aware that the HOA misrepresented the boundaries of the lot and that the "diagonal corner" they made her do was not what was actually on the plat.

If a post warps itself into the neighboring yard, then does the fence "trespass" itself?

 

[lxskllr]

Just give the survey company your address. If they aren't already familiar with the subdivision, they'll look it up in land records and get back to you.

I'm not up on the fine details of property law, but an encroaching post doesn't make the whole fence encroaching. That post would have to be moved to get it off the property, and retied into the neighboring posts. If you're asking if a post is literally warped and leaning over the property line, then that would be an encroachment. If the neighbor wanted to be a dick, they could make you move it. It's customary to install fences ~0.5' inside the property to prevent issues like that.

 

[deadlyapp]

I'm confused what your point is? The neighbor wants to say it's a shared fence but you/your mom don't want to? Is the fence in disrepair but you don't want to repair it?

In some jurisdictions if the fence isn't on the property line, the neighbor could pay taxes on the additional land and then own that land through a reassessment of the boundaries, although uncommon.

are you realy interested in arguing that the neighbor is tresspassing even though it sounds like they are clearly on their side of the fence?

 

[Fanatical Meat]

Only real problems regarding encroachments are things that cannot be moved or easily disassembled like a driveway or garage or and addition to a house that does not belong.
Laws vary by State however I’d assume if it’s your land or your moms land and there is a fence present that DOES NOT contain farm animals and she doesn’t want that fence simply demo the fence.