What should I do if my neighbor’s fence is situated on a portion of my property? Well usually it’s not a problem particularly if it’s just over a little bit and you get along with your neighbor. Some people get concerned about having fences on their property and they get concerned about the neighbor cutting the grass or being able to claim that property if they leave the fence there a long period of time. That is not the case. The only time that you have to worry about if it comes into being is whenever the boundary line is uncertain. Let’s say you don’t have a platted lot or you’re out in the field, and then you have a dispute as to where the actual boundary line is. And then sometimes the fence can be indicative of where the boundary line should be.
But fences, a lot of people look at that when they buy property and think well, the fence shows where the boundary line is when in fact the fences don’t show where the boundary line is and you really need to have a survey. Getting back to the question about what to do about it with your neighbor, well good fences make good neighbors and if it doesn’t, it encroaches just a few inches one way or the other, well, it’s certainly not going to hurt you in any way. And so I wouldn’t worry about it. If your neighbor becomes a problem, well then I suggest you get a survey so that you have a drawing that shows where your fence is on your property and if you want it removed and you don’t get along with the neighbor is to send him a copy of the survey and a letter saying that please move your fence and give him a time certain. Say if you don’t contact me within that period of time I’m going to remove your fence from my property. Please make arrangements and remove your fence.
So it really doesn’t present too much of a problem. Now whenever you get financing and there’s a fence encroachment, the lenders really don’t have problems with the title insurance people will probably ensure the lender that they won’t suffer any loss by reason of a fence encroachment. So it’s primarily a how well do you get along with your neighbor situation rather than any particular legal situation ’cause you’re not gonna lose your property over the fence being on your property.
So if you got a fence problem, well give me a call. I’ll be glad to talk to you about it but you don’t want to spend a whole lot of money on it. The other solution is if you do want it removed at some point is try and enter into an agreement with our neighbor that says I don’t have a problem with it but if somebody on down the line, we need to take care of it for legal purposes, will you sign an agreement that you’ll remove it later on is another solution.
So if you have questions, well give me a call at 727-847-2288. Thank you.