fence trouble

[scserany]

We are under agreement in Pa. the rear neighbor called the selling agent to say our fence is 6in on their property,there is no other info. settlement is in 17 days, who is responsible for surveying? and if the fence needs to be moved? How long does the neighbor have to prove their claim?We do not want to goto settlrment until this is cleared up, what can we do?? thanks for any help!

 

[Tracey]

The party who is claiming the fence is on their land has to pay for the survey to prove it. However, since N has told you he thinks your fence is on his land, you should disclose his claim as a possible problem. N could take the fence down & the new owners would have to pay to put up a new fence wholly on their land. If the fence is on N's land, you can't take it down without permission -- it's your neighbor's!

Check your contract to see if a fence encroaching on a neighbor's property is a sufficient cloud on title that the buyers could back out. Unless it can delay closing, there's no reason for you to do anything expeditiously.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.