Another Neighbor's Fence Dilema -VA

freeflow said:

What is the name of your state? Virginia

I just received the survey of the property I'm about to purchase. The surveyor noted the neighbor's fence is 1.5' over the property line in the front and 3.3' over the property line in the back.

Being the new neighbor, I do not wish to start any wars here.

What would be the best appropriate action if I would like it properly noted that his fence IS on my property and I reserve the right to ask him to move it any time in the future? Also, if any modifications or replacement of the fence is done that it should be moved at that time?

Honestly, I'm hoping a hurricane will come blow it down and it will have to be rebuilt on his own property. Which brings up another question.

If the fence does get damaged and he fails to repair it. Who would be responsible?

Any advice is much appreciated.

Thank you,
Brian
-Portsmouth, VA

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HomeGuru said:

**A: al your concerns could easliy be resolved by making sure that the neighbors sign an encroachment agreement and such agreements are recorded on title to yours and their property.

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freeflow said:

Thanks for the reply.
How does one go about completing an encroachment agreement? And once it is signed, who is it registered/filed who? (city?)

Please excuse my ignorance regarding property rights as I am a newbie to home-ownership. Thanks for the help!

Brian

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HomeGuru said:

**A: ok newbie homeowner, hire and oldbie real estate attorney.

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