Sellers, Don’t Let a Property Line Dispute Derail Your Sale

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Your house just went under contract and will soon close. However, you find out right before closing that your neighbor’s fence is on your property line. What do you do? Property line disputes are common, but can be a headache. This realtor.com article can help shed some light on this tricky subject.

Property lines are legal and physical boundaries that define where property begins and ends. Some property lines are visibly marked, while others are invisible. Knowing your property limits helps prevent encroachments, trespassing, and potential conflicts with neighbors when you make improvements like installing fencing and landscaping or building a garage or carport.

Types of Property Disputes
Encroachment: When one property owner impinges on a neighbor’s property rights.
Most people don’t even know they have crept over a boundary line. This usually comes to light when a neighbor is needing to have a survey done or a seller is selling their home. Some neighbors can live with it, but others will seek an easement.

Easement: Something both parties agree upon, giving one party the legal right to use a piece of property for personal needs. Easements are usually granted for a shared driveway, a fence that has gone over a property line, a plant or tree that is shared, etc. Easements are generally permanent.

When a buyer is looking for a home and learns of an easement in place, a buyer might see that as an infringement of privacy and check your home off the list. If your home is under contract and a boundary issue is discovered, that doesn’t mean the deal will completely fall apart. Try working directly with your neighbor to come to an agreement and have an attorney draw up the agreement. Always have an attorney involved!