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  #1  
Old 09-24-2001, 07:33 PM
Xmike
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Another Fence Problem


I live in a Rural Town 65 miles north of Los Angeles, California in the mountains. After I had the rear lot surveyed a year ago for a fence I found that the Front fence next to my house was sitting on a pie shaped piece of my neighbors property. (2.6'x150'). I made the mistake of telling my neighbor about this condition. The property amounts in value to about $100- $150 based on lot prices in the area. Now that I am selling my House and Property, and we aren't getting along he wants me to tell the future buyers about it just encase he wants to move the fence. He will not except cash for the property.
Checking back with the previous owners x2 of both houses the fence has always been there, over 12 years. I know he hasn't got the money to fight over it since it will cost $600 to move the fence and $2,000 to get an Attorney.
I have told my Real Estate Agent about it and let him decided whether to tell the new Buyer. I just fell uncomfortable about it. Also it may affect the Sale of the House. I would just like some input. Thanks,
P.S. After remodeling I am tapped out too.
Mike

Last edited by Xmike; 09-24-2001 at 08:11 PM.
  #2  
Old 09-24-2001, 09:04 PM
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Join Date: May 2000
Location: Catatonic State
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You are on the wrong side of the fence as it is not your neighbors duty to disclose the condition to the new Buyer but yours, pursuant to State disclosure laws.
You agent must also disclose this condition as it is a material fact.
Your real estate agent should already know this and should have advised you accordingly.
  #3  
Old 09-25-2001, 03:20 PM
Xmike
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I figured since my Agent is Selling the house for me he would be liable if it was disclosed to him in front of a witness.
Thanks again.

Mike
  #4  
Old 09-25-2001, 03:28 PM
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Location: Catatonic State
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Ask your agent for a copy of the disclosure law and you both read it.
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