What will the city of Frisco say? (insurance, lawyers)

[002]

We're building a house & just realized that our neighbor's fence is 3' inside OUR property line.

It's pretty obvious that the builder made a mistake by building the retaining wall on the wrong side & now our neighbors' fence is 3' inside our property.

What will the city of Frisco say?

[BigDGeek]

More to the point, what will your neighbor say?

For example, when I bought my house, the sellers had a survey done. According to my survey, the fences are directly on the property lines. If my neighbor sold his house and, after closing, the people who moved in started complaining at me because their survey said my fence was 3' inside their property...I would tell them they should have brought that up a long time ago (like when they received the survey), I'd show them a copy of my survey, and to go cry to the city to see what they say.

Put bluntly, trying to get that 3' back may win you some firm enemies on the other side of the fence. Check with the city, see what your options are...but also ask yourself if that 3' is worth it.

[escanlan]

Originally Posted by 002

We're building a house & just realized that our neighbor's fence is 3' inside OUR property line.

It's pretty obvious that the builder made a mistake by building the retaining wall on the wrong side & now our neighbors' fence is 3' inside our property.

What will the city of Frisco say?

First off the people in the City of Frisco building department are a good group so don't misinterpret this. The building codes department, Inspections Division, is responsible for performing the inspections to make sure all setbacks, lot lines, etc. have been adhered to. The main reason for that is to ensure that any right of ways between properties are not encroached on, not only yours but most importantly a city or utility right of way.

It is very possible that when the plans were provided to the Frisco Building Department that the fence and retaining wall were displayed as they currently sit. That does not necessarily mean it is correct, just that they most likely worked from flawed plans provided to them. It is also possible that your lot might not have been properly recorded as to size, shape, etc. and is actually 3' less than what you thought.

Having said that, Frisco might well tell you that it is a civil matter and not under the jurisdiction of the City Building Department. If nothing else, they might require you to provide proof before they declare any issues with the neighbors building permits or the ones for our property.

The first thing you need to do is check the plat map for the property and see if it agrees with what you feel is correct. You can check the local taxing authority, online records for a plat map and/or property description.

If you think it is still encroaching on your property you need to speak with your builder regarding your concerns before you go to far into the purchase process. You have to keep in mind that the issue is not just whether you can live without the 3' but also what other potential issues it can cause now, think Title Insurance if they discover it, and later if you attempt to sell the property and it is discovered then. It is much better to handle the issue before you take possession than after!

If you used your own RE Agent, not the builder's Agent, to purchase the property then you might also want to get them involved as well, before speaking with the builder. Your Agent might very well have a very good plan to handle the issue.

Good luck and keep us informed. If you have any house build questions feel free to contact me.

[nsumner]

Since you haven't closed on the house yet, how do you know where the exact property line is? Builders don't usually share a survey with you until closing time. The one they have is used for grading purposes mainly.

Since you are still in the building process, you can always ask the builder to put you on another lot.

I think it's a decision that you have to make on whether you can live with it or not. If you decide to go forward with it, make sure that the title policy includes the survey. 99% of the time it doesn't and you have to pay an additional $75 to add it.

Naima

[galore]

Are there two fences? I find fence issues confusing - isn't the fence owned by both land-owners? Theoretically it is impossible to put a fence on a lot line because by some fraction of an inch it will always be off. Three feet may be a lot if the property is narrow but maybe the fence sits on your land and now is your fence??? If it's a wood fence, can't you move it? Or is the retaining wall the problem? This can be moved, too....

When I built "my" fence, I deliberately set it two feet inside the property line to avoid conflict with the neighbor. Reading your case, I'm really happy that the buyer (I since sold the property) didn't mind...

[Grainraiser]

There is a good chance that fence is a shared fence. Your neighbor may not be the one responsible for it and it most you both extra to move it over 3 inches. All of the new homes in Frisco that I am aware of have shared fences. Both neighbors are responsible for maintaining. I am willing to bet that your builder is the one who had it installed.

[MurphyPl1]

Are we talking 3' or 3"? that's a huge difference.

[little elmer]

Originally Posted by Grainraiser

There is a good chance that fence is a shared fence. Your neighbor may not be the one responsible for it and it most you both extra to move it over 3 inches. All of the new homes in Frisco that I am aware of have shared fences. Both neighbors are responsible for maintaining. I am willing to bet that your builder is the one who had it installed.

My sentiments as well.

We have a retaining wall behind our property (that the neighbor's fence rides on), but the soil between the fence and the wall is ours to maintain - even though it's not our property. The neighbor can't even see the wall, yet it belongs to him. Moral of the story is make the best of it.

[debtex]

If a survey says the fence is on your proprety, it's yours, as is all the space over to the property line. If you let your neighbor use that property without clearing this up, you could end up losing it by adverse possession. You should clear this up asap...it's not a deal breaker, but it's something you just should leave without addressing it. Lawyers may need to be involved, sadly.

[MurphyPl1]

If you have not closed on the house, I would have your builder move the fence at no cost to you to where it should be. If it is a shared fence, then your neighbor should have no issues with the fence that used to be in your yard now being on the property line. That three feet wasn't theirs to begin with.

Do NOT close on this house until this is resolved. If your builder screwed up and built the fence too far one way, you have the right to have it fixed at their cost. But once you let them close on the house you will have NO leverage.