U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 05-13-2021, 12:24 PM
 
1 posts, read 131 times
Reputation: 10

Advertisements

We have a fence that runs along the north edge of our property. It is only a few years old and will last a long time. My neighbor built it and I paid half of the cost. That same neighbor had his property surveyed this month and says that the south edge of his property is actually about two feet on our side of the fence. He sent us a letter saying that he is fine with leaving the fence up, but that he wants the surveyors to put property corners (rebar stakes with yellow caps). We plan to live in our house for 10 to 15 years, and I think the fence will last longer than that. My concern is that this boundary issue might make the house harder to sell. In general, what are the implications of having property corners two feet on our side of the fence? Are there things to worry about that I'm not aware of?
Rate this post positively Reply With Quote Quick reply to this message

 
Old 05-13-2021, 02:11 PM
 
Location: on the wind
13,979 posts, read 7,409,696 times
Reputation: 45683
Quote:
Originally Posted by tmoleary View Post
We have a fence that runs along the north edge of our property. It is only a few years old and will last a long time. My neighbor built it and I paid half of the cost. That same neighbor had his property surveyed this month and says that the south edge of his property is actually about two feet on our side of the fence. He sent us a letter saying that he is fine with leaving the fence up, but that he wants the surveyors to put property corners (rebar stakes with yellow caps). We plan to live in our house for 10 to 15 years, and I think the fence will last longer than that. My concern is that this boundary issue might make the house harder to sell. In general, what are the implications of having property corners two feet on our side of the fence? Are there things to worry about that I'm not aware of?
Too bad he didn't have the survey done before deciding where to place the fence . It happens. At least the fence ended up on his property, not yours. You don't have an encroachment, but your property is slightly smaller than you may have realized. Was a survey provided when you bought your place? Did an earlier fence exist at that time? Assuming neither of you is prepared to move the fence, I wouldn't make structural improvements or plant large trees within that 2 foot zone that actually belongs to him without discussing and reaching a mutual agreement (on paper with signatures) about it. I would also keep your neighbor's originally signed letter and the correct as-built survey info filed with your property records. Remember, either one of you could decide to sell at some point. The true property metes and bounds will come up.

I think marking and maintaining property survey corners is always a good idea. Depending on your location if either one of you sells, you may need to provide a formal survey as part of the transaction. If you already have the corners marked it will be a lot simpler/less expensive. You would want to offer the correct extent of the property information in a listing anyway.

If your neighbor sells, be prepared to discuss the fence (the current one or replacements) with a new owner. Best to start off on the right foot whenever possible. Why set yourself up for complications? Compared to a survey & plat, fences are temporary things.

Last edited by Parnassia; 05-13-2021 at 02:42 PM..
Rate this post positively Reply With Quote Quick reply to this message
 
Old 05-13-2021, 02:21 PM
 
10,093 posts, read 22,455,013 times
Reputation: 14293
Move the fence. Good fences makes good neighbors.. properly placed fences make great neighbors.

It will be a problem when either one of you decide to sell.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 05-13-2021, 02:57 PM
 
Location: Raleigh
11,070 posts, read 8,448,398 times
Reputation: 15686
He sent you the letter because it establishes that he recognizes the issue, and that he's ALLOWING the fence to remain, which protects him from you saying "It's ours, Adverse Posession!" The survey stakes also help establish that.

I'd probably do nothing with the knowledge that if he sells before you do, the new homeowners may want to move the fence or use the space.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 05-13-2021, 02:59 PM
 
Location: The Triad (NC)
31,571 posts, read 71,371,975 times
Reputation: 38019
Quote:
Originally Posted by tmoleary View Post
...and says that the south edge of his property is actually about two feet on our side of the fence.
Most sensible people will hold a neighbor type fence back from their line (eg @6" to 12").
The extra foot he sacrificed is also sacrificed to that same good intention.

He may have just volunteered to give you some land. See a lawyer.
Even if he (or a later owner) removed the fence at some future point
I suspect that the LAND might/should still be yours.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 05-13-2021, 03:36 PM
 
4,311 posts, read 4,278,440 times
Reputation: 5571
Just Curious - Was the property surveyed when you bought the property? Were the corners marked? I'm not sure I would agree with having new survey markers plaed unless I had a survey done and made sure the markers aren't already there. Is his property line on the other side of his property 2' off of where everyone thought it was? What about the other side of your property? How big is the lot, when was it created also comes to mind. the way houses are built right up to the minimum clear line on a lot would moving this line make your house over the minimum lot line?


Where I live before putting up a fence you have to get a permit which requires at least a sketch diagram showing where the fence is in relation to marked property lines (every property I know of here except some very old ones in our town have pipes or rebar at the corners). I can't imagine putting up a fence without knowing where the property line is.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 05-13-2021, 04:06 PM
 
Location: North Beach, MD on the Chesapeake
36,944 posts, read 48,184,453 times
Reputation: 48205
Quote:
Originally Posted by MidValleyDad View Post
Just Curious - Was the property surveyed when you bought the property? Were the corners marked? I'm not sure I would agree with having new survey markers plaed unless I had a survey done and made sure the markers aren't already there. Is his property line on the other side of his property 2' off of where everyone thought it was? What about the other side of your property? How big is the lot, when was it created also comes to mind. the way houses are built right up to the minimum clear line on a lot would moving this line make your house over the minimum lot line?


Where I live before putting up a fence you have to get a permit which requires at least a sketch diagram showing where the fence is in relation to marked property lines (every property I know of here except some very old ones in our town have pipes or rebar at the corners). I can't imagine putting up a fence without knowing where the property line is.
And if those markers don't work you can always fall back on the old-fashioned way: Go 50 feet past the crooked apple tree then turn right until you get to where Grandma Jones' horse threw a shoe on Christmas day then turn left until you to the house that Jack built.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 05-13-2021, 04:17 PM
 
Location: Rochester, WA
9,233 posts, read 5,951,051 times
Reputation: 24787
Unless he files some kind of a grievance with the city/county, the property markers are of no consequence. Let him put the marker up. It doesn't affect you and it's not worth moving the fence. Just don't put a building or anything permanent there.

The letter and the marker establish that the property line is known and the encroachment is known and with permission. That prevents an adverse possession claim. I wouldn't worry about it at all.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 05-13-2021, 05:13 PM
 
Location: Cary, NC
37,814 posts, read 65,650,747 times
Reputation: 38200
Quote:
Originally Posted by Diana Holbrook View Post
Unless he files some kind of a grievance with the city/county, the property markers are of no consequence. Let him put the marker up. It doesn't affect you and it's not worth moving the fence. Just don't put a building or anything permanent there.

The letter and the marker establish that the property line is known and the encroachment is known and with permission. That prevents an adverse possession claim. I wouldn't worry about it at all.

What state is the OP in? He should be careful about taking advice.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 05-13-2021, 06:54 PM
 
Location: southwest TN
8,538 posts, read 16,379,854 times
Reputation: 16450
Quote:
Originally Posted by Kim in FL View Post
Move the fence. Good fences makes good neighbors.. properly placed fences make great neighbors.

It will be a problem when either one of you decide to sell.
Quote:
Originally Posted by JONOV View Post
He sent you the letter because it establishes that he recognizes the issue, and that he's ALLOWING the fence to remain, which protects him from you saying "It's ours, Adverse Posession!" The survey stakes also help establish that.

I'd probably do nothing with the knowledge that if he sells before you do, the new homeowners may want to move the fence or use the space.
Quote:
Originally Posted by MikeJaquish View Post
What state is the OP in? He should be careful about taking advice.

In many locations, fences/walls are required to be built WITHIN the property line, not on it, for the purpose of maintenance.

At this time, there's no reason to do anything. EXCEPT note that the fence is not on your property, not on the property line, therefore you have no responsibility by law to maintain said fence.

It sounds as though your neighbor is not going to hassle you, so do not hassle him/her. It is where it is, you both can enjoy the fence/privacy so don't make waves or get all worried.

Until you have a proper survey done of your own property, you have no idea if, in fact, you did not lose any yardage or maybe your other side property line is also incorrect. I remember a Dick VanDyke TV show about this very thing.
Rate this post positively Reply With Quote Quick reply to this message
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.


Reply

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top