J
jaytee
Guest
We are buying a new house in New York. The title Company, after reviewing the land survey, saw that the neighbor's fence in the back yard is 3 feet on our property. They will not insure the property without a boundary agreement with the owner of the fence. Our builder does not want to do this. He is going to take down the fence (which is falling down anyway) and have the survey redrawn, without the fence appearing. The fence is enclosing a wooded area, that the neighbor is not even using. The neighbor has a new fence enclosing his yard about 75 feet up the property.
Our lawyer said that the neighbor can have a claim to our land, because the fence was there longer than 10 years. The builder does not agree with this, nor does his attorney. They say that the neighbor would have to be caring for the land in order to make a claim. Who do we believe? Will we have a problem when we go to sell down the road, if the survey does not show the fence on it?
Our lawyer said that the neighbor can have a claim to our land, because the fence was there longer than 10 years. The builder does not agree with this, nor does his attorney. They say that the neighbor would have to be caring for the land in order to make a claim. Who do we believe? Will we have a problem when we go to sell down the road, if the survey does not show the fence on it?