Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
A year ago, our neighbors replaced an old wooden fence, but built it on our side of what appears to be the property line. (Pipe with red on top stuck into ground at corner where four lots meet.
I discussed this with him as he was setting the posts and he said he did it this way due to where the trees are and that his wife would have a fit if he didn't enclose a strip of their back yard.
I tried to persuade him to move the fence posts back as it could prove troublesome when it came time to sell, and he replied that they didn't intend to sell, but if and when the time came, he would just say that it is our fence.
Not wanting to get into a big fight over a fence built a foot or two onto our lot, we let it go.
Well, now they plan to sell the summer. I doubt the buyer will object to a fence enclosing part of our lot.
But should we?
Should we just let it go and handle any problems that come up when we sell?
Should we get an attorney to write a letter telling them they need to move the fence back to their own lot before selling?
Thanks for time and thought in responding to this.
There are a number of episodes of "Judge Judy" dealing with this. Get a survey done first to establish your property line. If you can get his statement in writing about his saying it is your fence, that would be very helpful. In reality, he needs to move the fence. If they move why would his wife care?
You had better get an acknowledgement in writing of the encroachment, NOW. It's my lay understanding that allowing someone else uncontested use and not challenging it, can lead to a loss of property rights.
You need to talk to a real estate attorney. I would imagine they will have to have a survey somewhere. If they don't already have one, they will have to have one done.
The fence already technically belongs to you, since it's on your property. But are you willing to give away the foot or two of your land on the other side? The fence should be moved back onto the neighbor's property.
Should we get an attorney to write a letter telling them they need to move the fence back to their own lot before selling?
And if they don't move it? Are you willing to spend the thousands that a survey and a lawsuit would involve?
Quote:
Not wanting to get into a big fight over a fence built a foot or two onto our lot, we let it go.
Wouldn't have been much of a fight back then, before the fence was completed, but it would be a much bigger, and expensive, fight now.
Quote:
Should we just let it go and handle any problems that come up when we sell?
The problem could be that a smart buyer looks up the dimensions of the property and measures them to verify. Or, you might be required by law to disclose the issue. At worse, the consequences could be no sale, or a sale at a reduced price.
There are a number of episodes of "Judge Judy" dealing with this. Get a survey done first to establish your property line. If you can get his statement in writing about his saying it is your fence, that would be very helpful. In reality, he needs to move the fence. If they move why would his wife care?
Good luck!
Neighbor and his wife are unusual individuals. In the time we've known them, they've been involved in several lawsuits and countless family dramas.
Which is why we didn't make a big deal over the fence.
But it might be a big deal when it comes time for us to sell.
We could avoid that, by getting the situation straightened out now. It could be that this is the best time to get the fence moved. It is certainly the time the neighbors would be the most motivated.
We had a survey done when we moved in. It clearly shows the property line corner at that pipe. The fence is about a foot and half this side of that marker.
It is clearly their fence. The same fence surrounds their entire back, side, and part of the front yard.
But if a foot or so is no big deal to us, is it a big deal to most buyers?
Neighbor and his wife are unusual individuals. In the time we've known them, they've been involved in several lawsuits and countless family dramas.
Which is why we didn't make a big deal over the fence.
But it might be a big deal when it comes time for us to sell.
We could avoid that, by getting the situation straightened out now. It could be that this is the best time to get the fence moved. It is certainly the time the neighbors would be the most motivated.
We had a survey done when we moved in. It clearly shows the property line corner at that pipe. The fence is about a foot and half this side of that marker.
It is clearly their fence. The same fence surrounds their entire back, side, and part of the front yard.
But if a foot or so is no big deal to us, is it a big deal to most buyers?
I would remove my fence. Freaks can take it with them or you can sell it on ebay.
We had an offer on our house which nearly went south when the potential buyer realized our fence was six inches on our neighbor's property.
We had a few days to remove the fence before our broker could legally accept their offer. Then we were legally obligated to have our property surveyed.
It was stressful.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
