How wide is the utility easement along your entry road?
This where things get dicey. My survey does not show an easement although it's obvious. The power pole brings the power down the driveway where it goes underground under the driveway and to 3 panels on the side of the main house. One of the panels then goes back under the driveway(on the fence side) and about 1 foot next to the driveway back to the cottage. Not sure if you can see another pole back by the cottage but it is no longer in service but still there.
As I mentioned the County park that abuts our property has a chain link fence that has been there for decades I assume. Our old wooden fence(2004) was literally right up against it. When we planned this we assumed that it was on the property line since the County put the chain link fence where it was. Well the new survey we had done last year after the seawall was built shows a very slight encroachment, maybe 6"-12" along the old wooden fence.
After going round and round with the fence company stopping construction for half a day we finally agreed to write them a Hold Harmless in regards to the exact placement of the fence.....in other words they will not be held responsible for having to remove the fence should it become an issue. I guess being County property spooked them.
As a Title Agency we see dozens and dozens of surveys that have slight fence encroachments and it's usually never a big deal. My wife said to put it back exactly where the old one was....so I told them to resume work.
I can't believe that since the Park has been there for longer than our property they would have an issue with a property line that they implied with their fence?
I guess worse case scenario we could take adverse possession of the 1 foot space since we have maintained it for 15 years, removed broken and dead trees, trimmed trees, and landscaped the area that they left outside their fence?