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Hello, this is my first post on this forum. Really looking for some help here if possible.
So here’s the situation, I purchased my first house July of 2013 I had a property survey and title check done on it and everything and I was just cleaning my yard today getting ready for the first summer.
so I noticed that my back fence is about 1 foot into my property line, this fence is connecting my house to about 4 houses and its 48 feet long, so I’m loosing 48 square feet of my yard. That’s not my main issue the issue is I have all pavers on my yard and around my whole yard I have the paver retaining walls and all the other fences around my yard are behind/against that wall. Except that back fence, I now need to re-grade my yard and adjust the pavers but it’s impossible for me to do the back part because of this fence.
Anyone know what my recourse could be, I have a call out to the attorney that closed on my house. Can I go after the survey/title company for their negligence and not pointing this out to me, and will they fix the issue.
I don’t want to be a jerk to the neighbors in back of me (especially since there yards are pretty small), but I don’t want this to cause issues for me in the future, and its already causing me an issue by hindering me from being able to fix my pavers. Plus it’s approx. 48 square feet of property that I’m losing.
What are my options or suggestions here; I don’t even know these people since I didn't use my backyard at all last summer. (Other issues :( like pool inspector getting it completely wrong :hamd:)
Any suggestions on this on what I can do, is it reasonable to talk to these folks and ask them to share the cost of moving this fence with me.
A side note there houses are all attached and it really looks like the builder put this fence on my property since its identical to the ones they have (maybe to give them extra yard space) but I have no way to prove that.
PS: I am in NYC.
Thanks in advance for any help or suggestions and sorry for the long rant.
^ Check with your local planning department for fence codes and research your state adverse position statutes. If your local code does not require a fence be back from the property line then you need to determine when the fence was erected and seek the advise of a real estate lawyer.
What exactly does the survey show for the back property line?
Does it show the exact true property line only with no fence or other physical features identified?
Does it show the exact true property line but also shows the fence as being on that line and not where it is?
Does it show the exact true property line but shows the fence in the exact true current location?
Title companies don't usually care if the fence is within your yard. They start to care when they see your fence on someone else's yard. THat's probably why it didn't come up, however, you said you have a survey, so why didn't you notice the dark solid line with the double hash line that usually represents a fence? Didn't you notice the fence line was inside your yard?
You're letting 48 sq ft of property cause you stress? Why? Would you enjoy your property that much more if you moved your fence? Enough to build a new fence? Really?
Many municipalities have set-back requirements. 1 foot is not unusual or out of line, unless it's your neighbor's fence on your property or visa vera. 1 foot from the rear property line is not a problem. If you want to extend your fence (if you can), be prepared to close off your neighbor's as well. I seriously doubt there's a case here, but certainly inquire with your title company's attorney.
Rabrrita: it show the exact true property line but shows the fence in the exact true current location.
Falconheadwest: Honestly, its my first house so I thought that the attorneys or title companies would bring anything like that up to me. thats why i paid them good money. but guess not. I also never saw the survey until we were sitting down on the table for the closing so didn't really pay much attention to it (again because i thought attorneys would have brought anything like that up)
Ninan: the only reason its bothering me is because my back fence is connecting to 4 houses, and im worried that one of them takes it upon themselves to move the paver overlay (not sure if thats the right term) that holds my pavers in my yard together. should i be concerned about that (also don't they have the right to claim the property after 7 years or so giving me no recourse if they do indeed remove that paver overlay).
SmartMoney: so when i called the attorney he basically said since its 10 inches they don't even bring it up at all.
Does anyone think that the neighbors behind me can take down that piece of my brick overlay because that will cause issues for me since all the sand will start seaping out.
thank you everyone for the replies it really helps to talk/type this out with other people and get input.
Any suggestions on this on what I can do, is it reasonable to talk to these folks and ask them to share the cost of moving this fence with me.
First of all, you should talk to the attorney who handled your closing (check, too, on the local code requirements). If he feels it's fine to move the fence, I don't think it's reasonable to ask your neighbors to share in that cost. You'll be the one gaining ground, and they'll be losing some. Don't add insult to injury.
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