Fence not on property line – What should i do?

Hi Lesslie,

My mother recently bought a property and then found out that the fencing of the property she bought is three feet on the neighbor’s property.  What can she do?

 

There are various things your mother can do. 

To start the process, here are some questions that might help.

How was it discovered that the fence line is on the neighbor’s property?

How long has the fence been there?

Has your mother’s new property been using that portion of the neighbor’s lot for years and years–is this a new issue or an old one?

Did the neighbor ever object to the previous homeowner that the fence was encroaching on his property?

If so, did the previous owner disclose this information to his agent or to no one at all?

Was there something in the disclosures you received that the homeowner completed that should have addressed this situation?

Did the previous owner have no or any idea that the fence line was not correct?

Was it that way when the previous owner bought?

 

Also, check out all of the paper work that was given to your mother during the transaction to see if the property line was represented as the fence line.   Document whatever is possible.  Did you go out there on a certain day where the Realtor said something?

In the title report, is there a plat map with the dimensions of the lot clearly marked?

Did you have any reason to ask that the property line be identified?

What did the Seller’s Realtor or agent say about the lot line?  How about your mother’s agent?

 

Did they refer to the fence line as the property line?

You might start out by asking your mother’s agent how this problem can be remedied.

Your mother paid for land she thought was hers and now she finds out it is not.

What is the value of that amount of land?

Did your mother do her due diligence when she bought the property?

With these questions answered, you will begin to know what direction your mother should take.

 

If any of you out there have had a similar experience with a neighbor, please let me know.

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