Real Estate experts - what's up with this

[LynneSin]

I just got the survey results back that says my soon-to-be new neighbors are encroached .7ft into my future home. I guess the end of their deck and fence are on my property.

We're not talking alot of land here and personally I'm not ready to start a war with my new neighbors - but what does this all mean to me? And why didn't the previous tennant realize that the deck and fence were on her property. And what happens if I sell this place and the new owners want back this tiny strip of land?

[Bjornsdotter]

1. That means before you buy

...the house, they have to move their shit.

So sad, too bad. In certain states you would have a hard time selling the house until that is corrected.

Cheers

PS....DO NOT GIVE IN...they have to move their stuff, I can't state this enough. Oh and I'm not in real estate, but have been in this position before.

[Kali]

2. If I read that right it is point 7, not 7 feet, right?

in a residential area 7 feet is serious, but a half foot, probably not (unless you are in Tokyo)

Usual procedure around here is for you to sign a quit-claim deed and them to pay you $5. Ask your agent or attorney.

[LynneSin]

4. Well the yard is about 10-15 feet long and the neighbor is in .7ft

But with the fence and my pergola (comes with the house) in the backyard it's not like I'm losing a whole lot of property. And since I'm moving in here I don't want to start a massive fight with my neighbors by forcing them to move all this stuff for what - a tiny sliver of land.

I think your option is best. This is a row home and the land isn't that major in the city. It probably would seem easier to cede the land than to start a major fight

[Kali]

6. I had one other thought - if there is a set-back requirement

and he is encroached on that too - it means you or the next owner who might want to build near him loses not only the .7 but what ever the "no mans land" portion as well.

Again it depends on the sizes and future plans. A small square footage can make a big $$$ difference in some situations but not others and maybe not worth the personal animosity. Also there is a risk your survey could be off as well - it happens. In my state the rule is sort of an adverse possession sort of thing - if a fence has been there for years that becomes the defacto property line.

[CottonBear]

3. You have to make them move it now. Speak with your realtor and the closing attorney now.

If you allow it to stay it on your soon-to-be property for more than 7 years and the neighbor does not realize there is an encroachment, then it could be considered adverse possession (by the neighbor) in some states. (ask the surveyor about this survrying issue in your state.)

I work in the land planning field and have dealt with encroachments of fences and buildings on numerous occasions.

Good luck. CB

PS Check with the Planning Department to find out what the required setbacks and allowable heights and materials are for fences and accessory structures (such as decks and sheds) in your zone and the neighbor's zone (I'm assuming there is the same zoning on each lot but you never know.)

[LynneSin]

5. But it's not alot of land

This is a row home in the city and if I were to get their stuff off my property I would basically end up with a sliver of land that serves no purpose and a neighbor pissed he had to redo all his deck & fencing

[Redstone]

7. Then I'd suggest you look at Kali's advise above. There is a way you can protect

your property's value, while not getting your neighbor honked off at you.

Redstone

[judaspriestess]

8. when I sold zero lot line homes

basically five feet from each neighbor's yard was deeded over for use to the next neighbor and so on until the corner lot, they obviously had no one on the other side. Documents were signed stating EVERYONE knew of the easement. The land still belonged to the first neighbor but the deed stated they were allowing the second neighbor to use that land forever. Check to see if you have such paperwork. If you are in a full disclosure state then some sort of agreement or non agreement needs to be acknowledged. Your neighbors cannot encroach on your property without your permission.