| Copyright 2005-2007 All Rights Reserved Charles E. Marunde & FreeRealEstateLaw.com |
Question: I purchased a 5 acre parcel in Clallam County, but just found out (after
closing) that the neighbor's fence line (a 1947 barbed wire fence) is about 7 feet on
my property at one end and about 2 feet at the other end. What can I do?
Answer: Buying property in an area that developed from agricultural or dairy farms,
such as the Sequim and Port Angeles areas, means fence lines are not always the
true survey line. But that isn't obvious when you're buying property, unless you have
a survey (prior to closing and with the right language in the addendum, etc.). The
best solution is to work it out with the neighbor. Move the fence at your cost, if your
neighbor is agreeable. If not, you might find yourself just leaving it where it is, unless
you can't for various reasons. If you cannot work out any solution with your neighbor,
and you don't want to leave the fence where it is, the legal cause of action is called a
"Quiet Title Action." That is expensive and stressful. Honestly, having been a lawyer
and now a Realtor, there are so many powerful reasons to work with an experienced
Realtor, such as this one, that I can't honestly imagine why someone would take on
so many risks themselves without good counsel. There are so many Traps for the
Unwary out there. Just my opinion. Of course, I could be wrong.
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| Buying a Fence Line Problem |
| If you would like to see a specific real estate issue addressed in future newsletters, forward your question or issue to chuck@freerealestatelaw.com. This Newsletter is published on a periodic basis as important case law and legislative law is developed. |
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