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Jenhos
Maeve
Member since 6/05 3273 total posts
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question about property lines and fences
We bought our house 3.5 years ago. No issues with titles or closing. Our neighbors just sold and I got a call from their attorney saying they need me to sign an affidavit saying that I know the fence that was put up by the previous owner (more than 50 years ago) is 2.35 feet on their property and that I lay no claim to the land.
I am thinking this isn't right. They aren't asking we move the fence. I worry that eventually it will be a problem. The fence is very old.
Can they take back this 2.35 feet?
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Posted 6/18/15 5:36 PM  |
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Prudential Douglas Elliman Real Estate
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19453 total posts
Name:
L
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Re: question about property lines and fences
I would decline. Call your attorney first though and look at your plot lines. If they have a concern they need to have someone come out to string the lines at their expense.
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| Posted 6/18/15 8:37 PM |
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newbie00
LIF Adult
Member since 3/11 1191 total posts
Name:
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question about property lines and fences
I wouldn't sign anything until you confirm what the actual property lines are. Check with your attorney regarding whether or not they get the property back if the fence is actually over the property line.
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| Posted 6/18/15 8:53 PM |
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Re: question about property lines and fences
I don't know the specifics of your situation but I have had many fence line issues in selling homes, and we typically resolve it by having the neighbor whose fence is encroaching on the property being sold sign an affidavit stating that their fence is over the property line -- it's basically to avoid an adverse possession claim down the road (you claiming part of the property is yours because your fence has been there forever without objection). It's usually no big deal and is easily resolved with the affidavit. Very common.
It wouldn't have been an issue when you you purchased because nothing is encroaching on your property that could affect the seller's ability to give clear title to you. It would only come up if something belonging to a neighbor was on your property.
But if you are unsure the fence is encroaching, then consult a survey. And it never hurts to consult your attorney and do your due diligence.. But what's being asked is definitely not suspicious or abnormal.
Message edited 6/18/2015 8:57:08 PM.
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| Posted 6/18/15 8:55 PM |
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babycakes18
LIF Adult
Member since 4/09 1281 total posts
Name:
Dani
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Re: question about property lines and fences
Posted by Century 21 Dallow - Christine Braun
I don't know the specifics of your situation but I have had many fence line issues in selling homes, and we typically resolve it by having the neighbor whose fence is encroaching on the property being sold sign an affidavit stating that their fence is over the property line -- it's basically to avoid an adverse possession claim down the road (you claiming part of the property is yours because your fence has been there forever without objection). It's usually no big deal and is easily resolved with the affidavit. Very common.
It wouldn't have been an issue when you you purchased because nothing is encroaching on your property that could affect the seller's ability to give clear title to you. It would only come up if something belonging to a neighbor was on your property.
But if you are unsure the fence is encroaching, then consult a survey. And it never hurts to consult your attorney and do your due diligence.. But what's being asked is definitely not suspicious or abnormal.
I agree with this. Take a look at your survey and you will see that the fence encroaches into your neighbors property. Your title company only insures up to your property line. In order to feel more comfortable with signing this affidavit, I would contact your real estate attorney and have him/her confirm its OK for you to sigh. This is very common.
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| Posted 6/22/15 9:10 AM |
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ali120206
2 Boys
Member since 7/06 17789 total posts
Name:
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Re: question about property lines and fences
Posted by Century 21 Dallow - Christine Braun
I don't know the specifics of your situation but I have had many fence line issues in selling homes, and we typically resolve it by having the neighbor whose fence is encroaching on the property being sold sign an affidavit stating that their fence is over the property line -- it's basically to avoid an adverse possession claim down the road (you claiming part of the property is yours because your fence has been there forever without objection). It's usually no big deal and is easily resolved with the affidavit. Very common.
It wouldn't have been an issue when you you purchased because nothing is encroaching on your property that could affect the seller's ability to give clear title to you. It would only come up if something belonging to a neighbor was on your property.
But if you are unsure the fence is encroaching, then consult a survey. And it never hurts to consult your attorney and do your due diligence.. But what's being asked is definitely not suspicious or abnormal.
We had this issue. We had to have 2 neighbors sign affadavits - one neighbor has a fence and one has a fence and a shed on our property. We were annoyed because we were so close to our closing date and this pushed it back a week...
Our fence was also 6 feet onto the person behind us' property. That house sold a few years back and we weren't asked to sign anything (I guess their lawyer wasn't as thorough as ours - he actually got into an argument and closing with the sellers lawyer since he was on top of things while the seller's attorney was not).
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| Posted 6/22/15 2:33 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Re: question about property lines and fences
Posted by babycakes18
Posted by Century 21 Dallow - Christine Braun
I don't know the specifics of your situation but I have had many fence line issues in selling homes, and we typically resolve it by having the neighbor whose fence is encroaching on the property being sold sign an affidavit stating that their fence is over the property line -- it's basically to avoid an adverse possession claim down the road (you claiming part of the property is yours because your fence has been there forever without objection). It's usually no big deal and is easily resolved with the affidavit. Very common.
It wouldn't have been an issue when you you purchased because nothing is encroaching on your property that could affect the seller's ability to give clear title to you. It would only come up if something belonging to a neighbor was on your property.
But if you are unsure the fence is encroaching, then consult a survey. And it never hurts to consult your attorney and do your due diligence.. But what's being asked is definitely not suspicious or abnormal.
I agree with this. Take a look at your survey and you will see that the fence encroaches into your neighbors property. Your title company only insures up to your property line. In order to feel more comfortable with signing this affidavit, I would contact your real estate attorney and have him/her confirm its OK for you to sigh. This is very common.
agreed.. We were losing a little over 1 foot of our property. Before closing the southern neighbor signed the affidavit with no problems, and when she found out we were putting up a new fence she was adamant that we reclaim the property. She said "it was stupid not to take it now". We did, no issues. Take a look at your survey, they are probably correct.
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| Posted 6/22/15 2:39 PM |
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