Elkhart, IN asked in Land Use & Zoning and Real Estate Law

Q: neighbor selling house, they had it resurveyed and my well, fence, and shed are 12" over the property line what can do?

already asked if i could pay all cost to move line and resurvey, they said no. they contacted realtor and said he would take care of it. what can realtor do? what are my options now?

2 Lawyer Answers
Anthony M. Avery
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Answered
  • Real Estate Law Lawyer
  • Knoxville, TN

A: There is nothing the realtor can do. You will need to hire a competent attorney to attempt to agree to a Boundary Line Agreement. The lawyer will need the new survey, then draft an agreement to be executed and recorded. It is your encroachment so you should pay for it. If the adjoining owner does not agree, then it is his burden to sue you. The boundary line has probably been acquiesced to.

Anthony M. Avery
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Answered
  • Real Estate Law Lawyer
  • Knoxville, TN

A: Both properties now have clouds on their respective titles.

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