If a neighbor came over to you with an affidavit...

I'm thisclose to closing on this house, and what a ride it's been!!! Sooooo close to closing here, been busy and on top of things and getting things done in a timely manner... all done on our side, but the survey says that the fence is butting into other neighbors properties, by a couple feet on one side, and i think 4 feet on another side.

Now all the neighbors effected (affected?) by this have to sign an affidavit saying they are okay with it. If they aren't...then there are other steps that have to be taken.

Has anyone been approached with such an affidavit? Did it bother you? Once you found out someone had a few feet of your property, did you all of a sudden want it back?

The good thing is that the house has trees and woodsy areas surrounding it, so it's not like the other neighbors have utilized the pieces of property the fence has "taken" but I know people get weird sometimes. The fence, or parts of it, have to be taken down anyway for repair and we wanted to put in that plastic white fence material anyway, but we just didn't want to have to do it so soon.

Any advice is appreciated!!!!

Re: If a neighbor came over to you with an affidavit...

We went through the exact same thing closing on our house, but our neighbors' fence was several feet too far on our side, and they needed to sign off that they were aware. One neighbor refused, and apparently got a restraining order against one of the realtors who kept pestering him to sign. I think if he refused, they needed to rezone the property. Well, all of this pushed our closing date even further, but eventually they did sign.

Re: If a neighbor came over to you with an affidavit...

Posted by nov04libride

We went through the exact same thing closing on our house, but our neighbors' fence was several feet too far on our side, and they needed to sign off that they were aware. One neighbor refused, and apparently got a restraining order against one of the realtors who kept pestering him to sign. I think if he refused, they needed to rezone the property. Well, all of this pushed our closing date even further, but eventually they did sign.

Re: If a neighbor came over to you with an affidavit...

Posted by rileysmama

Posted by nov04libride

We went through the exact same thing closing on our house, but our neighbors' fence was several feet too far on our side, and they needed to sign off that they were aware. One neighbor refused, and apparently got a restraining order against one of the realtors who kept pestering him to sign. I think if he refused, they needed to rezone the property. Well, all of this pushed our closing date even further, but eventually they did sign.

yikes! i'm worried this will delay things..and I don't really blame people, because it is their yard, you know? glad it worked out for you, though!!

Re: If a neighbor came over to you with an affidavit...

weird. if the neighbors don't "claim" that property as theirs within 10 years, they lose it forever.

i can't imagine why anyone wouldn't want all of the property that they pay taxes on...

or... am i totally confused and read that post wrong?
it's late.

Re: If a neighbor came over to you with an affidavit...

Same thing happened to us. Our neighbor's to the right have a PVC fence that encroaches about a foot and a half in the back corner of our property. Before we closed, the realtor went to them explaining what the survey said. They are super nice and signed the affidavit saying that they are aware that they encroach on our property and if we asked them to move the fence, they had to. In a million years, we'd never ask them to move it. It doesn't affect us at all. It's in the back of our property behind our shed and we NEVER go back there. It didn't cause any problems what-so-ever. Hope your experience ends up being as smooth as ours.

Re: If a neighbor came over to you with an affidavit...

Posted by rkoenke

weird. if the neighbors don't "claim" that property as theirs within 10 years, they lose it forever.

i can't imagine why anyone wouldn't want all of the property that they pay taxes on...

or... am i totally confused and read that post wrong?
it's late.

Re: If a neighbor came over to you with an affidavit...

i wish it was dealt with at closing, nothing got done when we closed so now i have to go to my neighbor and tell him to get his fence off our property in the nicest way (so far its going on a year of closing and i still havent' done it but i gotta do it soon)

Re: If a neighbor came over to you with an affidavit...

Re: If a neighbor came over to you with an affidavit...

The same thing happened to us. We have 6 neighbors bordering our property (we're one house in from the corner) and we have property line issues with 4 of them (the people all put up their own fences).

We had to have two neighbors sign affadavits - one has their shed on our property.

We had no issues with them signing, it delayed closing about a week (DH screamed at our lawyer since it was done late in the process and we almost lost our rate).

It's funny because we are on the property of the people behind us by 6 feet and I was waiting for the affadavit when the house was recently sold and we never received anything to sign. Kind of surprised since you can't get title insurance without it and you need a survey in our county.