Q: Who is responsible for making sure the property sold is correctly marked? What can be done if the owners of the property adjacent to the sold property feels the new owner has put up a fence that is 4-5 ft too far onto our property?
A: It appears that you are referring to a possible "encroachment," in which a neighbor’s fence may extend 4-5 foot beyond your boundary line into your property. To verify this possibility, Long Realty suggests that you consult with an experienced surveyor who, for a modest sum of money, could re-certify your property lines and determine if the neighbor’s fence extends beyond this boundary. Make sure the surveyor provides you with a certified surveyor’s map for your records and later use. If the survey verifies an encroachment of the fence into your property, Long Realty suggests that you notify your title insurance company, as the encroachment may be covered by title insurance and the title insurer would address the encroachment. That process might take several months. Or for a shorter term fix, Long Realty suggests you consult with an experienced real estate attorney. With the certified survey in hand, the attorney would assess the situation legally and address the encroachment matter directly with the neighbor if appropriate.
