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Selling a house with neighbors fence.

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beaker76

Junior Member
What is the name of your state?What is the name of your state? Massachusetts

My wife and I purchase our current house in October 2001. At the closing it was showed to have a clean title. A year had past after we had closed and we decided we wanted to put up a fence, we then had the lot surveyed and found out that the neighbors fence was about 8' over the property line (on our side) at a length of approx 50'.

We spoke to our neighbors and asked them to remove the fence and once the survey was complete we would give them a copy to provide proof of the fence location in relation to the property line.

We went away on a trip and found that they neighbors had encroached even further on our property by extending their fence line approximately 85' further on to our propery. We asked yet again for them to remove it and they have not. We are now in the process of selling the property and have sent a certified letter (Return Receipt Requested) and they have failed to sign or retrieve the letter from the post office. Our next step is to have one of the county sheriffs deliver the letter on our behalf and ensure they sign for it.

As a precaution we issued a property disclosure form that every prospective buyer gets when they are showed the property detailing that the neighbors fence is on our lot. An offer has been made, and we are due to close on 16 March 05.

What else is there to do if the neighbors don't remove the fence before closing?

Are we liable if the sale goes through and the neighbors don't remove the fence, can we be sued by the new owners of the property because it wasn't removed?

Is there anything we can do before the closing to get the fence removed asside from us physically removing the fence ourselves?


Thanks


Beaker76
 


HomeGuru

Senior Member
beaker76 said:
What is the name of your state?What is the name of your state? Massachusetts

My wife and I purchase our current house in October 2001. At the closing it was showed to have a clean title. A year had past after we had closed and we decided we wanted to put up a fence, we then had the lot surveyed and found out that the neighbors fence was about 8' over the property line (on our side) at a length of approx 50'.

We spoke to our neighbors and asked them to remove the fence and once the survey was complete we would give them a copy to provide proof of the fence location in relation to the property line.

We went away on a trip and found that they neighbors had encroached even further on our property by extending their fence line approximately 85' further on to our propery. We asked yet again for them to remove it and they have not. We are now in the process of selling the property and have sent a certified letter (Return Receipt Requested) and they have failed to sign or retrieve the letter from the post office. Our next step is to have one of the county sheriffs deliver the letter on our behalf and ensure they sign for it.

As a precaution we issued a property disclosure form that every prospective buyer gets when they are showed the property detailing that the neighbors fence is on our lot. An offer has been made, and we are due to close on 16 March 05.

What else is there to do if the neighbors don't remove the fence before closing?

Are we liable if the sale goes through and the neighbors don't remove the fence, can we be sued by the new owners of the property because it wasn't removed?

Is there anything we can do before the closing to get the fence removed asside from us physically removing the fence ourselves?


Thanks


Beaker76
**A: have the Buyer's sign a special disclosure statement specifically on this issue and detailing the as-is encroachment conditions, no warranty against adverse posession claims etc.
A real estate attorney can draft one for you.
 

rmet4nzkx

Senior Member
Install a fence along the property line, install a gate in the existing fence now your property has a very long dog run. Install signs facing the neighbors stating "Beware, Rottweiler" :)
 
S

seniorjudge

Guest
rmet4nzkx said:
Install a fence along the property line, install a gate in the existing fence now your property has a very long dog run. Install signs facing the neighbors stating "Beware, Rottweiler" :)
And get an arborist to determine the value of any trees.
 

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