Neighbors fence on property

We just purchased our home 2 months ago. It's new construction on 2 lots that the builder purchased and combined. We closed no issues.

Dh recently took our survey to the town to find out some info about putting up a deck and the guy pointed out the neighbors fence is about a foot on our property. Survey shows solid property line and fence clearly inside our property line. Our lawyer never brought this up and obviously we didn't know until it was pointed out. Do we need to do anything? We've already put up our own fence which is obviously well inside our property line before knowing this info ( we likely would have asked them to move it if we knew before we put up our fence). Do we need to do anything to protect our property?

Neighbors fence on property

Nope. Adverse possession laws won't apply. However, it's odd that it was never brought up, bc the bank should have required a signed affidavit from the other owner.

Re: Neighbors fence on property

I would contact your lawyer to bring this up for sure.

Re: Neighbors fence on property

Same thing happened to us. We bought my IL's house and needed a new survey, it shows the neighbor's fence is a little more than a foot on our property. We just left it alone, the fence has been there for over 10 years.

Neighbors fence on property

Our neighbors fence was also on our property about a foot on both sides. They had to have a signed affidavit and we had to agree with it at closing. I would ask your lawyer because they would have definitely seen that when they were doing the title.

Re: Neighbors fence on property

It only becomes an issue if the neighbor's fence is over a foot into your property. If it's 12 inches or less the title company does not raise the issue.