Q: Fence property line
My late father built a cement block fence at his home several years ago. It was built one foot inside the neighbors property lot. We are now selling the home and the neighbor says we cannot or she will sue. She wants a payout or for us to pay the property taxes of the fence. What exactly can they get from me?
A:
The house will sell according to the survey plat. If the fence is outside the parameter of the plat then it is a problem. You might be able to "give" it to the owner of the land or remove it completely and restore the other owner's land to the point it was before the fence was erected.
There are also time elements to consider, how long ago did it happen, who has paid the taxes until now, did the other property owner have knowledge of it all along and did they ever do anything, etc.
Best to speak with a real estate attorney in the jurisdiction involved.
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