What to do if I have a contract on a house that I’m selling and the buyer had a survey done and it said the neighbor’s fence and part of his shed are on my property?

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What to do if I have a contract on a house that I’m selling and the buyer had a survey done and it said the neighbor’s fence and part of his shed are on my property?

They have been like this since my neighbor moved in 21 years ago and moving them is not a option. What is the easiest and most economical way to resolve this? Will this be a problem with the loan company or just the buyer?

Asked on December 21, 2012 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to resolve the matter that you have written about is that the buyer takes title to the property as is with the encroachments. If the buyer does not want that option, he or she has the ability to cancel the purchase and get the deposit back without any recourse from you. Most likely the neighbor assuming the survey is correct may have a prescriptive easement to your property or some other non-possessory right to use your property.


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