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opinions needed - RE: fence/property line issue

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VeeJay
Love baby feet

Member since 2/09

2894 total posts

Name:

opinions needed - RE: fence/property line issue

We are buying my MIL's house, and we were informed by a recent survey that the fence in the back yard is 2 feet short of the property line. The Title Company wants the neighbor to sign an affidavit that they make no claim to the property even though it is on their side of the fence. Otherwise they will not insure that 2 feet of property.
At first I thought DH knew the neighbor so I told my attorney that we will just talk to them and have them sign the affidavit.
Turns out he doesn't know them and know he is debating on if we approach them and talk to them or have the attorney send a letter to them.
What are your thoughts?

ETA: there is a utility pole on the property line, that is why the fence is short of it.

Message edited 5/5/2013 12:43:17 PM.

Posted 5/5/13 12:35 PM
 
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evrythng4areason
And then there were 4

Member since 1/10

5224 total posts

Name:
Kayla

opinions needed - RE: fence/property line issue

we had to have two neighbors sign affidavits-our lawyer took care of it

Posted 5/5/13 2:22 PM
 

ChilisWife
God Bless America

Member since 5/05

3507 total posts

Name:
A.K.

Re: opinions needed - RE: fence/property line issue

Since you are going to be living there, I would approach them first in a friendly way. No need to start out being neighbors with legal letters. Of course, if they refuse you may have no choice but I'd go introduce ourselves and talk to them about it. Keep in mind that they may want their own title company/lawyer to confirm your survey and may ask you to pay the costs of that.

Posted 5/5/13 2:24 PM
 

MorningCuppaCoffee
Tired!

Member since 12/07

16353 total posts

Name:
Allison

Re: opinions needed - RE: fence/property line issue

I'd approach them initially, then go from there.

Although, if this board is any proof, some neighbors can be real pricks about fences.

Good luck!!

Posted 5/5/13 2:54 PM
 

Domino
Always My Miracle

Member since 9/05

9921 total posts

Name:

Re: opinions needed - RE: fence/property line issue

I would "feel them out" about a boundary line agreement? How long has the fence been up? (adverse possession) They may not want to sign anything.Chat Icon

Posted 5/5/13 8:47 PM
 

Goobster
:)

Member since 5/07

27557 total posts

Name:
:)

Re: opinions needed - RE: fence/property line issue

Posted by ChilisWife

Since you are going to be living there, I would approach them first in a friendly way. No need to start out being neighbors with legal letters. Of course, if they refuse you may have no choice but I'd go introduce ourselves and talk to them about it. Keep in mind that they may want their own title company/lawyer to confirm your survey and may ask you to pay the costs of that.



ITA

Posted 5/5/13 8:57 PM
 

Karen
Just chillin'!!

Member since 1/06

9690 total posts

Name:
Karen

Re: opinions needed - RE: fence/property line issue

Posted by Domino

I would "feel them out" about a boundary line agreement? How long has the fence been up? (adverse possession) They may not want to sign anything.Chat Icon



That was my first thought. If the utility pole is on the actual property line, I am guessing the fence has always been in the wrong place. I can't remember the exact time (8-10 years I think), the property becomes theirs under the adverse possession rules.

Message edited 5/5/2013 9:00:30 PM.

Posted 5/5/13 8:59 PM
 

ali120206
2 Boys

Member since 7/06

17219 total posts

Name:

opinions needed - RE: fence/property line issue

We had to have two neighbors sign affadavits before we moved in - one has a shed on our property (we live one house in from the corner and 6 backyards border ours and we have issues with 4 - we are on two peoples property and two people are on ours).

DH went to them and explained the situation and they had no issues (he kind of knew both of them beforehand). We were looking to close and this was the last thing holding up the closing so it was quicker to have DH do it than the lawyer.

Posted 5/6/13 8:16 AM
 

VeeJay
Love baby feet

Member since 2/09

2894 total posts

Name:

Re: opinions needed - RE: fence/property line issue

Posted by ChilisWife

Since you are going to be living there, I would approach them first in a friendly way. No need to start out being neighbors with legal letters. Of course, if they refuse you may have no choice but I'd go introduce ourselves and talk to them about it. Keep in mind that they may want their own title company/lawyer to confirm your survey and may ask you to pay the costs of that.



This was my thought too.

The fence has been up since my IL's bought the house (in the 70's). The neighbors bought thier house less than 5 years ago.

Posted 5/6/13 10:25 AM
 

-Lisa-
---------------

Member since 5/05

6530 total posts

Name:
Lisa

Re: opinions needed - RE: fence/property line issue

when we bought our current house, the survey showed our neighbors fence was 6ft inside our property line. The lawyers drew up an agreement and the sellers had their neighbors sign. It wasn't a problem at all.

two weeks after closing, Irene hit and their tree fell into our yard and took out the fence. Thats how we met them - they then asked for a copy of the survey and moved the fence (the tree that fell was straddling the property line so I guess thats why the fence went up that way originally).

Posted 5/6/13 9:09 PM
 
 

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