Any Realtors Here That Can Answer A ?

[SupaRice]

So my neighbor is selling his house, and we have a fence between us that was in place when I bought the property. I did an addition a few years back that required a survey, and found out from the survey that the fence is around 3' at one end of the fence and 2.5' at the other end over the line onto my property.

He is of course convinced that is his land, as he paid for the fence way back before I lived here. And I'm assuming the fence is where it is, because there's a large Elm tree (about 4' round at the base) in the middle of the property line. So I'm assuming he had them put the fence on the other side of the tree.

My question is, do I give up my property line by allowing him to sell with that fence on my side?

Should I use something like certified mail to ensure his realtor can't neglect disclosure?

[Raoul]

I'd have a surveyor mark the corners with flags and let the fun begin. Technically you don't "give up" your property line, but now is the time to make an issue of it.

Oh, and I'm an appraiser.

[monkeylizard]

Paying for the fence has nothing to do with it, it's the property line that matters....sort of. Adverse possession could come into play if enough time has passed since the titled owner (you) has asserted claim to the property. AKA "Squater's Rights". If he has been maintaining the property without being secretive and has had continuous use of it, then he might be able to claim it as his. If the true owner (you) hasn't asserted their ownership rights in the amount of time granted by law, the squatter may be able to claim it. In Tennessee that's as short as 7 years but most likely 20, depending on the title circumstances. If you have an actual property title, then it's 20 years.

 

In other words, as long as you tell the property owner every 19.9 (or 6.9) years that sliver of land is yours, they can't claim it and have the property line redrawn, but there's no sense in moving the fence if you're perfectly happy letting them mow and use that part of your land. Just claim it every so often with a certified letter and you should be good to go.

 

As for the realtor having to disclose that the fence is on the neighbor's property, I don't know, though I suspect that would qualify as you having made an assertion of your ownership rights and reset the clock to 20 years.

 

http://real-estate-law.freeadvice.com/real-estate-law/real-estate-law/adverse-possession-squater-rights.htm

http://statelaws.findlaw.com/tennessee-law/tennessee-adverse-possession-laws.html

Edited February 27, 2015 by monkeylizard

[Wingshooter]

I wouldn't give up any property. If he's moving, then I guess you don't have to worry about neighborly relations. I'd have the surveyor mark it as Raoul said, and then form a plan to move the fence to the correct side of the tree. What kind of fence... wood, chain link?

I'd take care of it with this owner so you don't have issues with new neighbors

[Raoul]

Oh and FWIW, if you don't have it marked no one else will, Surveys are no longer common in real estate transactions.

[analog_kidd]

I would definitely send a certified letter to both him and his realtor. If you live in a city, I might even get the city involved, and let them do the dirty work if the neighbor is being a jerk about it. If you can prove it's over the line, you might be able to convince him (through the realtor or city) to quit-claim the fence over to you, then it's yours before any new owners show up. Then you can decide what to do with it: tear it down,  move it or leave it. But make sure the realtor makes it clear to the new owners who it belongs to.

 

In most city neighborhoods that have regular shaped rectangle lots, there are metal pins at every corner of your lot. They are like pieces of rebar hammered into the ground. Sometimes they are cemented into the curb by the road. If you can find these yourself, it would be pretty easy to eyeball or snap a line between them for visual proof. Of course for the back corner you'll have to walk across "your neighbors" property on the other side off the fence.

[analog_kidd]

Oh and FWIW, if you don't have it marked no one else will, Surveys are no longer common in real estate transactions.

 

That's right. TN does not require a survey for any private property. I didn't get a survey for any of the five houses I have bought.  In subdivision type neighborhoods, it is assumed the property lines are well established. If you don't make a deal of it now, you'll have a harder time later.

[JPR1959]

My old house had a similar situation, but it showed the "flaw" on my deed. My property line was 10 feet into my neighbor's property. The chain link fence was put up wrong. I told my neighbor if I ever replaced the fence, I would reclaim my property.

[peejman]

Do you want the fence removed? If so, make a stink. If not, let it ride.

[SupaRice]

Thanks guys, it's only an old (maybe 2-3 years of life left) wood fence... but I'm not about to give away a slice of my land.... that's for sure. I'm in Oak Hill (between Brentwood and Berry Hill), so I think I'll try the city as they have a ton of rules.

[MacGyver]

Oak Hill has an additional requirement.

You have to get a signed note from the Lord himself to have any hope of getting anything done.

[musicman]

^ post of the day.

[seez52]

what kind of condition is the tree in? may sound like a dumb question but they can be expensive to trim or remove should it become necessary and whoever owns it gets to pay.