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The adage, 'Good Fences Make Good Neighbors' is true for the most part ... unless your fence is encroaching the neighbor's property.

Perhaps you know someone who spent a small fortune erecting a beautiful fence, only to have the neighbor threaten to sue because the fence is two or three inches on his land. Moving a fence can be an expensive process. I have even heard horror stories where the neighbor was so mad that he rented a bulldozer and knocked the offending fence to pieces. If you have constructed your fence in the wrong place, you might find yourself in a world of financial and emotional grief. Even if your current neighbors are wonderful, someone not so charitable may move in next door and start complaining about the location of your fence.

Before erecting a fence -- or buying property, for that matter -- you want to make sure that you know where your property boundaries are located. Determine the exact location of your property boundaries by comparing your legal description with the survey.

The property description -- sometimes called a legal description -- is something that you receive before you close your real estate transaction. You will probably receive a title commitment, a sample deed and other instruments to review before buying your property. If you already own the property, the legal description of your land will be included with your deed.

Some legal descriptions are fairly simple, such as 'SW NW NE Section 10 Township 9 North, Range 22 East;' others are more complicated. The latter form of legal description is what is termed a 'metes and bounds' description that reads something like 'thence 10 degrees, 15 seconds west a distance of 400 feet, thence north 5 degrees, 22 seconds east, a distance of five feet,' and so forth. A surveyor provides the metes and bounds description. If you were not given a survey by the seller or the title company, demand one. There is no way that you will know whether the legal description is correct unless you can compare it with the survey. It is not unusual to find typos or other errors that seem minor. Those insignificant errors have the potential to create huge problems down the road. Do not accept typos or errors in your property description. This is your property and investment and you have the right, if not obligation, to demand perfection in your legal documents.

Once you are satisfied that that the legal description is in order, be sure to locate the survey stakes by physically walking your property. If you cannot locate the stakes, have the surveyor come out to your property and either show them to you or reinstall them. Before fencing your property, put a red flag or something near the survey stakes so that you can find them.

There might be restrictions that prohibit you from building your fence flush with your property line. Here in Arizona, for example, cattle easements of at least 10 feet around the perimeter of your rural real estate are common. You are not allowed to enclose the easement with a fence or otherwise. Underground utility easements, driveways, or right of ways are examples of other types of easements that might play a role in where you can or cannot construct a fence. Easements are typically shown on a survey. Unless it is a prescriptive easement, the easement should be documented in a recorded easement or other document available from your county recorder.

Good fences can make good neighbors if they are constructed properly and in the right location! Have clear knowledge on your property boundaries, easements, and any restrictive covenants before starting your fence construction. A bit of document review and preparation beforehand can save you a great deal of aggravation and possible legal actions down the road.