Property line and fences

Question Details: We bought a home 2 years ago. A fence was mistakenly put on our neighbor’s property before we bought the house. Now new neighbors want the fence moved. Who is responsible for moving the fence, us or the old owners that erected the fence?

Asked 11/3/2009 under Real Estate | 324 View(s) | More Legal Topics

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Real Estate Law Answers

I'd say that if the neighbors waited two years (or more) to get into this, it's their problem.  You didn't put the fence there, so it can't be yours.  If the neighbors want to go after the people who sold you the property, they can try that.

It's usually pretty hard to miss the fact, if your neighbor's house is for sale.  So the neighbor, at some point, knew that your seller had put the fence up, and that the seller was going to sell the property.  They did nothing then, so they have no right to dump this on you.

Their lawyer might have a different opinion.  I think he'd be wrong, if so, but that's why we have courts.

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