Survey of your property...anyone find that a neighbor had a fence that was on your property? ANother question at top

How was that resolved???

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What if they don't sign it...is that even possible? What happens then???

Thanks

Message edited 11/29/2007 9:17:15 PM.

Re: Survey of your property...anyone find that a neighbor had a fence that was on your property?

Our neighbor told us after we moved in that his fence is on our property. We didn't do anything.

Re: Survey of your property...anyone find that a neighbor had a fence that was on your property?

yes his fence is 1ft on our property but we are a ft onto the other neighbors property so it evens out for us and our lawyer said it isnt necessary that we do anything unless we are confronted

Re: Survey of your property...anyone find that a neighbor had a fence that was on your property?

Usually if its OVER 1 ft. onto your property....the fence needs to be moved to the property line OR your Seller has to have his neighbor sign an out of possession/ boundary line agreement affidavit....which pretty much states....Yes...i know the fence in question is over one foot into your property....but i make no claims to owning the the piece of land which is "out of possession"....if the neighbor signs this....then the title company can insure upto the property line.

its VERY common....i see it all the time.

Re: Survey of your property...anyone find that a neighbor had a fence that was on your property?

Our neighbor has his fence I think 16 inches on our property so he signed something saying our property comes out 16 more inches onto his (at closing)

Re: Survey of your property...anyone find that a neighbor had a fence that was on your property?

Re: Survey of your property...anyone find that a neighbor had a fence that was on your property?

We did!

We have three neighbors who have a fence on our property and one of those neighbors has a shed on our property as well. Our fence is six feet on another person's property. The fences were not put up by a fence company.

We had two of our neighbors sign the affadavit that was mentioned above. We weren't able to get title insurance and close until they did so. We found out about this on 3/16 and we closed on 3/29. We were a little annoyed because the survey was done so late in the process and we were about to lose our rate but, everything ended up working out. Our neighbors were great and had no problem signing/notarizing the documents. They also received additional paperwork they needed to sign after we closed.

Re: Survey of your property...anyone find that a neighbor had a fence that was on your property?

Our neighbor has a fence that hits our property line by a couple feet. Our lawyer sent the affidavit mentioned earlier to them, which they signed. It basically says that they claim no ownership to the property and we can ask them to remove the fence at any time we choose. There is also a line indicating that the same would apply to any owners after them.

The little bit of property in question is actually kind of junky and weedy--there really isn't so much you can do with it, so we were fine with letting them keep their fence where it is.

Re: Survey of your property...anyone find that a neighbor had a fence that was on your property?

We didn't have a neighbor with a fence issue for we were the ones putting the fence up and got the land surveryed for the 2nd time to make sure. Our neighbor put in new landscaping and went into our yard over 10-15ft. i called her several times asking her to either move the landscaping or we will buy it from you. Either way the fence was going up on such date. That date rolled around after I gave her a couple months and several calls later. the morning of the fence company starting I called again and said they are starting and will cut right into your new landscaping therefor it will be mine! She quickly came out and had her landscapers remove the bushes, plants and trees. we were very civil about everything for she was in the wrong.

Another neighbor connected to our fence without asking or telling and agian I had to say something to him for he was on our property. He had to pay us or remove the connecting fence.

Re: Survey of your property...anyone find that a neighbor had a fence that was on your property? ANother question at top

BUMP

Re: Survey of your property...anyone find that a neighbor had a fence that was on your property? ANother question at top