Real estate Q&A: Do I need to move concrete fence before selling my home?
Published in Business News
Q: When we bought our house almost 20 years ago, it had a concrete partition wall running along the property line between our house and our neighbors. We’re getting ready to move, and our neighbor told us that the fence is actually a foot onto his property, and we needed to move it before we sold the house. Is this something I need to be concerned about? — Charles
A: Things like fences, driveways, or landscaping that run along the property lines often lead to disputes between neighbors.
In your situation, the concrete fence has been there for decades without incident. Selling your home is already stressful enough, without this added complication.
Fortunately, there are steps you can take to get through this dispute.
First, you need to verify the accuracy of your neighbor’s claim.
Property lines are usually established by a survey, which is a legal document that defines the features and boundaries of your land. If you don’t already have a copy of the survey from when you bought the house, you might need to hire a licensed surveyor to perform a new one.
This will help determine whether the fence is truly encroaching on your neighbor’s property.
Keep in mind that surveys are considered the most reliable evidence in boundary disputes, so having one is essential.
You should still get a survey of your own, even if your neighbor has one that seems to justify his complaint, as in my experience, I have seen different surveyors yield different results.
If the survey confirms that the fence is on your neighbor’s property, you will need to decide how to proceed.
It might make sense to come to an agreement without moving the wall.
If you and your neighbor cannot reach an agreement, it might make sense to take a pragmatic approach to your next step, factoring in the cost and time required to address the issue before selling your home.
If you decide it is worth the fight, consult a lawyer to see whether the fence’s placement has been legally “grandfathered” in. In some jurisdictions, if a structure has been in place for a certain number of years without objection, it may be protected under adverse possession or similar laws.
If you live in a community association, you will also want to check with the property manager to see whether your community’s documents address this issue.
Even if things quiet down with your neighbor, you should disclose the issue to potential buyers.
Transparency is key in real estate transactions, and failing to disclose a known boundary dispute could lead to legal trouble down the road.
Work with your real estate agent to determine the best way to address the situation in your listing and during the sale process.
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