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Boundary dispute
Anonymous1 views3 answers
I bought a property 2 years ago which had an existing boundary fence. the abbuting property is an empty lot which has changed owners atleast once in that two years. the fence in question was erected in the summer of 2000. the current owners of the empty lot had a survy done of their property and the fence appears to be erected 1' onto thier property. The new owners are demanding that I remove this existing fence immediately.
What rcourse do I have as a new property owner when nothing was disclosed at time of sale and no dispute was filed at time of sale.
You likely should review your facts with an attorney.
Among the things the attorney would likely want to look at are:
Is the survey accurate?
Who put up the fence?
Was there any agreement between the owners of the properties when the fence was put up?
Before the fence, how did the owners determine the boundaries?
The fence may have required a permit to be installed. The permit should indicate who apply for the permit.
If there was some agreement between the property owners when the fence was put up, the agreement may be recorded.
If the fence has only existed for 8 years then you probably have not met the statutory time period for adverse possession (the time would have 'tacked' with the previous owners time since you have only lived there a couple of years). And, assuming that the neighbors survey is correct then they have reason to want the fence taken down before that 10 year period runs. You have a couple of options - if you would like for the fence to stay, you might be able to have the neighbor give you an easement to allow the fence to stay where it is until it is rebuilt- when it would move to the other side of the line. And, if you don't care about the fence...you didn't build it, it isn't on your property - tell them to tear it down themselves as you have no duty to them to remove it.
My comment to add to my colleagues is that you should contact your title insurance carrier. This is what you pay them to do. They should have figured out there was an encroachment issue before the property closed for your neighbors. The fence is on your neighbors land, not yours. You could also suggest your neighbors contact their title insurance company.
Hope this helps. Elizabeth Powell
