What options do you have if you find out your fence is on your neighbor’s property when you’re trying to sell your house?
Finding out that your fence is sitting on your neighbor’s property can be stressful, especially when you’re in the middle of selling your home. The good news is that it doesn’t necessarily mean the sale is doomed. However, it’s an issue you’ll want to address quickly and transparently.
Your first step is usually to confirm the exact property boundaries with a professional survey if one hasn’t already been completed. Sometimes a fence has been assumed to mark the property line for years, only for a survey to reveal otherwise.
Once the situation is confirmed, you typically have several options:
- Negotiate with the neighbor. In some cases, the neighbor may be willing to sign a written agreement allowing the fence to remain where it is.
- Move the fence. If an agreement can’t be reached, relocating the fence onto your property may be the cleanest solution before closing.
- Create a boundary or easement agreement. Depending on local laws and the circumstances, a formal agreement may resolve the issue and provide clarity for future owners.
- Disclose the issue to buyers. Transparency is important. Buyers are more likely to remain comfortable with the transaction when they understand the situation and see that steps have been taken to address it.
Keep in mind that fence encroachments can raise concerns for buyers, lenders, and title companies. An unresolved boundary issue may delay closing, lead to additional negotiations, or affect the property’s marketability.
In many situations, the best outcome is the one that provides certainty. Whether that’s moving the fence, reaching a written agreement, or otherwise resolving the boundary question, eliminating uncertainty can make the transaction smoother for everyone involved.
Disclaimer: This is general information, not legal advice. If you’re dealing with a fence encroachment, property line dispute, boundary disagreement, easement issue, or wondering about your rights, it’s always best to speak with a qualified real estate attorney who can look at the specifics of your situation.