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could I ask Title company to send a letter that the new owner wants to move fences

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newhomeowner201

Junior Member
What is the name of your state (only U.S. law)? California

The title company sent a document showing the house has a much large lot than the current fenced in lot. The disputed part is ajdacent to a neighbor's side yard, which has no human constructed objects except some trees. The area has no matetrial impact to that neighbor due to its huge lot. As new owner, could I ask the title company whio issued the title to inform the neighbor that part of the land in the adjacent area belongs to this property, and new owner has intention to move the fence to the supposed property line?What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
what?

are you asking if the title company will send a letter to the neighbor that wants to put a fence on the true property line and that you are upset because as it stands, where the fence is now allows you to enter his property?

Has anybody involved had a survey?
 

newhomeowner201

Junior Member
No survey yet

But, the plat map coming from the title compnay clearly showed the one side fence is not at the propery line for more than 3 feet. The property line on the plat map didn't match geography markers of the hill side. I may call a surveyor to physically mark down the property line for us.

But, since the title compay is transfering the title to us, could we ask the title company to do something for new owners?
 

justalayman

Senior Member
without a survey, you have nothing that is legally proving of the location of the property line.


I'm missing what is going on here:

But, since the title compay is transfering the title to us, could we ask the title company to do something for new owners?
First, a title company does not transfer title to anybody. The seller of the property is who transfers property to the buyer. Then, if it isn't part of the lot you purchased, it simply isn't part of your land.
 

newhomeowner201

Junior Member
what is the title company's responsibility?

The title compnay should ensure we have a cliean titile, right? If part of land described in the title is fenced into the neighbor's lot, is this title clean? Do the title company have the resposiblity to ensure the land the title described can be accessed by the new owners? We paid the title insurance to the title company.
 

justalayman

Senior Member
newhomeowner201;2852590]The title compnay should ensure we have a cliean titile, right?
No. A title company researches the title to determine the condition of the title. It then reports that to the person requesting the title search. If that person also is intending on purchasing title insurance, a report is used to determine if the title would qualify for coverage or if there are exceptions to what they will cover.

If part of land described in the title is fenced into the neighbor's lot, is this title clean?
that is not what causes a title to be clean or clouded.

Do the title company have the resposiblity to ensure the land the title described can be accessed by the new owners?
No

We paid the title insurance to the title company.
the title insurance covers what they say it covers in the policy issued. There are often exceptions. As to what physical land area they cover; whatever the legal description includes (barring any exceptions noted).

So, if somebody attempts to make a claim to land you were deeded, the title insurance company defends your right to that land. From what I see here is you are wanting to claim some of the neighbors land simply because their fence was not on the property line. A fence does not necessarily indicate where a property line is located. An owner of property does not have to fence clear to the property line in order to maintain his claim of ownership.
 

newhomeowner201

Junior Member
resolve it on our own?

Thanks for the clarification. Look like we need to occupy the property first, and get a surveyor to confirm the property line, and then send a letter to the neighbor inform our intention to move the fence to the supposed property line.
 

Terminus

Member
Title Insurance

As stated above, title insurance is to protect your title to the property if claims are made. I highly doubt they will send a letter since there is no action being made by your neighbor currently.

As another poster noted, there are also many exemptions on title insurance including one that basically reads "exempting any claims that a current boundary survey would have uncovered"...basically if you didn't get a survey at the time of purchase....anything that survey might have uncovered will not be covered at this time. This is one of those little items that isn't discussed at closing and very few realtors, in my experience, even know of it. Just another reason to get a survey done at the time of property purchase.

I would recommend a survey to identify the location of the boundary (and have the line marked for it's entire length if you plan on building a fence).
 

justalayman

Senior Member
Thanks for the clarification. Look like we need to occupy the property first, and get a surveyor to confirm the property line, and then send a letter to the neighbor inform our intention to move the fence to the supposed property line.

I'm still not clear what your situation is.

Whose fence is it and is the fence wrongly on your property or wrongly on the neighbors property?

If it is the neighbors fence and not on your property, you cannot touch his fence. Several crimes involved in doing that.

If it is your fence on your property but there is some of your lot on the other side of the fence, just move the fence.

If it is the neighbors fence on your property, send a demand letter to the neighbor telling him he needs to remove his fence from your property. If he does not comply, the fence will be removed and the charges incurred to remove the fence will be his liability.

but, like I said; without a survey, nobody can attest to knowing exactly where the property line is.
 

newhomeowner201

Junior Member
If it is your fence on your property but there is some of your lot on the other side

Since the buyer agent is doing the research for us, we are not sure who owns the fence yet. But we believe it is the case that
"If it is your fence on your property but there is some of your lot on the other side of the fence, just move the fence."

We are so sure on the case is due to the geometry shape of the lot and the distance of one side fence to the public road. The plat map from the title company show the fence touch part of the road, but the current fence is short of touching the road from one side. The gap is the neighbor's lot.

We will defintely hire a surveyor to sort it out after we occupy the property. The question I asked is what the responsibility that title insurance would have on this case. If we notify the title insurance that part of the lot is in the neighbor's lot, what could they do?

I'm still not clear what your situation is.

Whose fence is it and is the fence wrongly on your property or wrongly on the neighbors property?

If it is the neighbors fence and not on your property, you cannot touch his fence. Several crimes involved in doing that.

If it is your fence on your property but there is some of your lot on the other side of the fence, just move the fence.

If it is the neighbors fence on your property, send a demand letter to the neighbor telling him he needs to remove his fence from your property. If he does not comply, the fence will be removed and the charges incurred to remove the fence will be his liability.

but, like I said; without a survey, nobody can attest to knowing exactly where the property line is.
 

justalayman

Senior Member
We will defintely hire a surveyor to sort it out after we occupy the property. The question I asked is what the responsibility that title insurance would have on this case. If we notify the title insurance that part of the lot is in the neighbor's lot, what could they do?
unless the neighbor is laying claim to the part in question, it isn't in the neighbors claimed lot. The placement of a fence, which you are not even sure of ownership, does not a property line make.


Start with a survey and see where everything lays. Until you have that, everything is speculation. While I don't mind doing a lot of looking for one reasonably realistic situation, trying to address multiple scenarios just gets out of hand.
 

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