Oops.

What is the name of your state? North Carolina.

My wife and I bought our house two years ago and being that we have two small children I decided to put up a fence. The house backs up to some woods that is owned by the local Knights of Columbus. I put the fence up to where the former owners were cutting and tending to the grass. This is the tree line and it seemed like a border to me at the time.

Just recently, someone, I don’t know who, did a survey and tied a ribbon to my fence to mark the property line. It shows my fence is at least six feet over onto their property! It’s been a couple of months and so far no one has approached us about it.

Now we want to sell the house and I’m not sure what I should do. To complicate things even more I also extended the former owner’s garden that it turns out was already over the boundary.

It would be a huge beating to move everything and I would love to avoid that at this point. What are my options at this point? It doesn’t seem like they’re going to use the land for anything soon. Should I go over and explain my situation and throw myself on their mercy? Maybe see if they will sell me the part I’m on or give me rights to it with the understanding that I don’t own it?

I know I screwed up by not getting a survey and I feel pretty dumb at this point but I want to make this right. Any thoughts? Thanks.

It would be a huge beating to move everything and I would love to avoid that at this point.

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Well then you have only two options: 1. offer to purchase the land from the Knights or; 2. move everything.

You have no right to the use and enjoyment of something that does not belong to you and no legal right to sell such.

Thanks for that I think. Does anybody else have any thoughts?

If you don't move the fence, then you certainly need to disclose the fact that you are "tresspassing" on soneone else's property. The new buyers need to know that this may be an issue in the future. If I were the buyer's Realtor, I would recommend that they have you move the fence.
While, it is true that good fences make good neighbors, it is important to know that a survey should always come first.

Not to mention if not disclosed you would be sued and still be liable for the cost of moving the fence and all other offending encroachments PLUS legal fees and court costs

Belize, why do I get the feeling you are enjoying this?

No takers on the idea of offering to purchase the small bit of land? Cynical bunch.

Alimace said:

Belize, why do I get the feeling you are enjoying this?

No takers on the idea of offering to purchase the small bit of land? Cynical bunch.

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Well, you could stop all of this by taking down the fence now.

WOW! What an idea

Seeing the way you post I can understand how you got up to 4614 posts in 6 months.

Move along.

Alimace said:

Seeing the way you post I can understand how you got up to 4614 posts in 6 months.

Move along.

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It's more than 15,000 if you count my 'other' personalities but even then your answer is going to be the same. Either disclose to the buyer, move the fence and garden or face fraud charges when you attempt to sell without disclosure.
Now, what's so hard to understand about the concept of "THE LAND IS NOT YOURS".

Anyone for a rousing chorus of "This Land is (Not) Your Land"???? ROTFLMAO