Has there ever been a fence line that is perfectly on the boundary line? Well, I suppose maybe, yes. But, more often it seems, fence lines are off by inches and sometimes feet. What do you do, particularly when you’re selling and you’re not sure about the location of the fence line relative to the true boundary line.
Certainly, surveying the boundaries to reflect the actual location of the fence line in relationship to the true boundary (and recording the survey) is an excellent start. However, surveys are expensive and you may not have time to get this accomplished before you wish to sell.
I encourage sellers to incorporate a provision in their purchase and sale agreement that provides that title to the property being sold is subject to a variety of claims that an adjacent owner may be able to make concerning the location of the fence line and the parties’ historical use and occupation around it.
If you find yourself in this situation, please give us a call to see if we can minimize your liability.