• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is builder responsible to fix location of fence

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Milkyway

Junior Member
What is the name of your state?california...I bought a brand new house aug 2000. This year I will put a block wall with my neighbor but the fence is currently on my property. I pulled records and it shows that I was correct. I am an engineer by trade so a few stakes and string will do it for me given a reference point. Getting a licensed survey will just be a formality. Can I cite the builder for breach of contract since I did not get the merchandise I bought 4 years ago? This is a problem for me because i am payingtaxes on land that i don't even have. I have all documents signed at closing.
 
Last edited:


HomeGuru

Senior Member
Milkyway said:
What is the name of your state?california...I bought a brand new house aug 2000. This year I will put a block wall with my neighbor but the fence is currently on my property.

**A: what fence?
***
I pulled records and it shows that I was correct.


**A: what records? To prove the property boundary lines, you need a survey.
********
I am an engineer by trade so a few stakes and string will do it for me given a reference point. Getting a licensed survey will just be a formality.

**A: I disagree. You are not a licensed surveyor and should not be acting as one.
***********
Can I cite the builder for breach of contract since I did not get the merchandise I bought 4 years ago?

**A: we have no idea what merchandise you were contracted to purchase together with the home.
*********
This is a problem for me because i am payingtaxes on land that i don't even have. I have all documents signed at closing.
**A: how can you prove that you are paying taxes on land that you do not have?
 

Milkyway

Junior Member
-It is currently a wood fence and we want to change it to block wall
-I have a blue print for a site plan that was signed off by the department of building and safety of Los Angeles and I also have the building permit #.
- According to the blue print my neighbor is 13 ft away from me (foundation to foundation) which is correct. The blue print also says that the fence/property line should be 7 feet from my foundation and my neighbor is supposed to have 6 feet which adds up to 13 feet. The problem is I have 6 and the neighbor has 7 (reversed).
- I talked to the civil engineer who did the survey 4 years ago for the builder and he showed me were he imbedded the nail to mark the boundary (my reference point). It is a simple rectanglular lot...no slope, no curve, just flat.
-The record I have is the Title of the property, recording of the deed which the Los angeles county assesors office has to determine my property taxes.
Bottom line is my Title description says I have 143 ft by 55 ft but I only have 143 ft by 54 ft. I don't have my 143 square ft.
 

HomeGuru

Senior Member
Milkyway said:
-It is currently a wood fence and we want to change it to block wall
-I have a blue print for a site plan that was signed off by the department of building and safety of Los Angeles and I also have the building permit #.
- According to the blue print my neighbor is 13 ft away from me (foundation to foundation) which is correct. The blue print also says that the fence/property line should be 7 feet from my foundation and my neighbor is supposed to have 6 feet which adds up to 13 feet. The problem is I have 6 and the neighbor has 7 (reversed).
- I talked to the civil engineer who did the survey 4 years ago for the builder and he showed me were he imbedded the nail to mark the boundary (my reference point). It is a simple rectanglular lot...no slope, no curve, just flat.
-The record I have is the Title of the property, recording of the deed which the Los angeles county assesors office has to determine my property taxes.
Bottom line is my Title description says I have 143 ft by 55 ft but I only have 143 ft by 54 ft. I don't have my 143 square ft.
**A: I don't see what the problem is. There is a wooden fence which will be removed and a block wall will be constructed following the current survey and boundary lines. Spend your time and money building the CMU wall instead of trying to go after the home builder.
 

jimmler

Member
Milkyway said:
-It is currently a wood fence and we want to change it to block wall
-I have a blue print for a site plan that was signed off by the department of building and safety of Los Angeles and I also have the building permit #.
- According to the blue print my neighbor is 13 ft away from me (foundation to foundation) which is correct. The blue print also says that the fence/property line should be 7 feet from my foundation and my neighbor is supposed to have 6 feet which adds up to 13 feet. The problem is I have 6 and the neighbor has 7 (reversed).
- I talked to the civil engineer who did the survey 4 years ago for the builder and he showed me were he imbedded the nail to mark the boundary (my reference point). It is a simple rectanglular lot...no slope, no curve, just flat.
-The record I have is the Title of the property, recording of the deed which the Los angeles county assesors office has to determine my property taxes.
Bottom line is my Title description says I have 143 ft by 55 ft but I only have 143 ft by 54 ft. I don't have my 143 square ft.

You need more than one nail to "draw" a line. I would have to assume that the civil engineer that worked for the builder is either dual licensed as an engineer and surveyor, or grandfathered in to be allowed to practice land surveying?

Also, you should not rely on dimensions from a site plan, things do not always get built per plan.

You should have a current survey before you build your wall, as home guru suggested.
 

Milkyway

Junior Member
Exactly....I need a new survey. My question from the beginning was can I get the builder to PAY for the survey or get reimbursed if it does show the fence is not on the property line. I have 143 ft of blockwall to put and at $70 a linear foot that's over $10,000. Adding $1500-$1600 for the survey is just too much for me financially.
 

jimmler

Member
Milkyway said:
Exactly....I need a new survey. My question from the beginning was can I get the builder to PAY for the survey or get reimbursed if it does show the fence is not on the property line. I have 143 ft of blockwall to put and at $70 a linear foot that's over $10,000. Adding $1500-$1600 for the survey is just too much for me financially.
It was your responsibility to ask the builder to pay for a survey when you bought the house, or to have paid for one yourself. You should have made it a condition of closing.

Why do you think the builder should pay for it now if the fence is not on the property line?

$1500 -$1600 to know that your $10000 wall is on your property is well worth it.
 

Milkyway

Junior Member
And why should the builder not help in paying for the survey. If the fence was built by him on the wrong side, he should be responsible in fixing it. Maybe a survey clause should be a standard in all closing documents. If in the end i will be paying for this, what should I look for in my closing documents to make the builder at least help with the cost?
 

HomeGuru

Senior Member
Milkyway said:
And why should the builder not help in paying for the survey. If the fence was built by him on the wrong side, he should be responsible in fixing it. Maybe a survey clause should be a standard in all closing documents. If in the end i will be paying for this, what should I look for in my closing documents to make the builder at least help with the cost?

**A: you have good points.
 

jimmler

Member
Milkyway said:
And why should the builder not help in paying for the survey. If the fence was built by him on the wrong side, he should be responsible in fixing it. Maybe a survey clause should be a standard in all closing documents. If in the end i will be paying for this, what should I look for in my closing documents to make the builder at least help with the cost?
You had not said earlier that the builder built the fence. I don't know if they have any liability now or not, I work in surveying. You may want to ask a local real estate attorney.

A survey clause in all closing documents would certainly prevent a lot of the
boundary problems people seem to write about on this board. Unfortunately, most lenders do not require it, and buyers do not want to pay any more closing costs than they already have to. The smart buyer will have an attorney represent them at closing, and the smart attorney will recommend a boundary survey before closing so the buyer knows exactly what land they are buying.

As for the closing documents, ask a local real estate attorney to review the documents to see if you have any recourse for the fence if it was not built on the property line.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top