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A fence that is over the property line by just a few inches, never mind a foot or two, can cause headaches when it's time to sell a house. The title company will do a survey for a buyer, and if they find a neighbor's fence (or stone wall, or any other structure) clearly on the seller's property, it can cause a legal hangup that can take a few months or more to settle. Buyers usually don't want to wait for a legal dispute to be settled. Which makes it difficult to sell a house when that sort of issue arises.
A real estate attorney can just get the neighbor to admit in writing that they are encroaching and that doesn't constitute rights to the property. That's what I did when I purchased and found that the corner of my neighbor's shed was on my property .
A fence that is over the property line by just a few inches, never mind a foot or two, can cause headaches when it's time to sell a house. The title company will do a survey for a buyer, and if they find a neighbor's fence (or stone wall, or any other structure) clearly on the seller's property, it can cause a legal hangup that can take a few months or more to settle. Buyers usually don't want to wait for a legal dispute to be settled. Which makes it difficult to sell a house when that sort of issue arises.
Exactly. It is odd to me that these kind of fence questions survive so many home sales.
Quote:
Originally Posted by markjames68
A real estate attorney can just get the neighbor to admit in writing that they are encroaching and that doesn't constitute rights to the property. That's what I did when I purchased and found that the corner of my neighbor's shed was on my property .
Same thing happened to me years ago when I sold a home. When I purchased it there were large shrubs/plants along the back fence. I ended up removing them, which gave the new owner's bank a better view of things. They claimed my fence (put up by the previous owner and the adjoining neighbor) was 12" into my property. Having the neighbor sign a simple document making no claims of ownership to property not noted on the survey was all it took to resolve it. No need to move the fence. Didn't even need to redo a survey. It was basically both parties agreeing that the property line did not change because the fence MAY be in the wrong place. Of course, if either party wants the fence moved things might get stickier.
It is, however, a good idea to get a resolution in writing when you are still on good terms with the neighbor.
When I was a child many decades ago helping my father put up a fence, it seemed to be a common understanding to put the fence 6" inside your property line. This was not to debate inches, but because no one got a new survey to mark out the fence -- you just measured off the house. 6" was the neighborly thing to do and a +/- margin of error for the house not being square to the lot, having thicker siding than the original survey, etc.
Well no new home owner wants that to be the first thing coming out of their neighbors mouth. Reminds me of the neighbor directly behind my house when I lived in NHP and first thing she says after saying hi I'm Angie was can you cut this tree down. I was like well hello there! We just met and that's the first thing that comes to mind. Would have been nice for you to wait a little while before bringing it up.
if fences are already up in the neighborhood, who would even think to care about a foot or two, seems to me more of a headache. Id leave the fence the way it is. Way too many important things to focus on than where a fence is.
I was having a friendly chat with my neighbor a while back and he claims that our shared backyard back fence was incorrectly placed 25 years ago. He believes the fence should be 2 feet over more on my side. The funny thing is, the previous owner of his house built the fence there. Also, our back fence is a continuous line all the way down the street. If what he is saying is true, then the whole street is fenced incorrectly.
I don't believe him at all but if it was true, can he just relocate his fence without notifying me including cutting down all my plants by the fence?
Unfortunately, I don't think this was a friendly chat. Your neighbor may be considering selling his house. I would suggest as others have suggested that you get a survey done immediately. If you have some of his property on your side give it up and don't dispute. Its not worth the hassle. It's too late now but for future reference always have a survey done when buying property.
Usually when the title is transferred, there is an instrument survey which reveals property line and fences. Usually the neighbors affected will sign a paper acknowledging the discrepancy.
Unfortunately, I don't think this was a friendly chat. Your neighbor may be considering selling his house. I would suggest as others have suggested that you get a survey done immediately. If you have some of his property on your side give it up and don't dispute. Its not worth the hassle. It's too late now but for future reference always have a survey done when buying property.
There really is nothing to give up as that fence was put up by HIS previous owner 25 years ago. I moved in 2 years ago.
Also, since there's a utility post, if he moves it over, it would be on the other side of the post which would be eating into my property line. Maybe that was the reason the fence was there 25 years ago, because THEY decided to put it up so it must be on their own property instead of mine.
Fences! Our new neighbors asked us after moving in if we would consider removing $2k worth of arborvitae shrubs. Ha! They were added as we hated looking at that chain link fence than ran about 700 feet along the property line. They want to put in a rock wall. The shrubs stay.
Also, our prior neighbor had a snit fit when, after a proper survey indicated the "survey" done previously was off by a degree and his items were on our land. We asked if he would sign s paper saying that we were fine with his items on our land but it was our land. He put in the chain link fence.
There really is nothing to give up as that fence was put up by HIS previous owner 25 years ago. I moved in 2 years ago.
Also, since there's a utility post, if he moves it over, it would be on the other side of the post which would be eating into my property line. Maybe that was the reason the fence was there 25 years ago, because THEY decided to put it up so it must be on their own property instead of mine.
You may be right. I understand your dilemma. But, I still have to say why is he bringing this up now? Say nothing else to your neighbor about this topic. Check for old surveys of your property and get a new survey. It will cost you money but it will be worth it in the end.
Get your ducks lined up in a row.
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