How to Handle an Intruding Neighbor’s Fence

Dealing with an intruding neighbor’s fence can be a challenging situation for homeowners. Fence encroachment occurs when a fence is built or placed on a neighboring property, violating the boundaries and potentially causing disputes between neighbors. It is important to address this issue promptly and effectively to ensure a peaceful coexistence with your neighbor. In this article, we will explore the causes of fence encroachment, the marketability of title, and the legal implications of failing to rectify encroachments.

Causes of Fence Encroachment

Lack of Information

One of the main causes of fence encroachment is a lack of accurate information about property boundaries. Often, homeowners may not have a clear understanding of their property lines, leading to accidental fence placement on the neighbor’s land. This can happen when property surveys are not conducted, or when existing survey records are not properly consulted.

In some cases, homeowners may rely on outdated property documentation or verbal agreements with previous owners, which may not accurately reflect the boundaries of the property. This lack of knowledge can result in inadvertent encroachments and conflicts with neighbors.

Negligence or Disputes

In other instances, fence encroachment may arise due to negligence or disputes between neighbors. This can happen when a homeowner intentionally or inadvertently places a fence beyond their property boundaries, or when a neighbor disputes the accuracy of the property lines.

Disputes over property boundaries can escalate, leading to fence encroachments as a way to assert ownership or territory. Easements, shared driveways, or complicated land ownership histories can further complicate the matter and result in fence encroachments.

Understanding Marketability of Title

When it comes to real estate transactions, the marketability of title is crucial. Marketable title refers to owning a property that is free from defects, liens, or encumbrances that would deter a potential buyer from purchasing the property. Fence encroachments, whether intentional or unintentional, can affect the marketability of title for both the homeowner and the neighbor.

Marketability of title is important for both buyers and sellers. Buyers want assurance that they are purchasing a property with clear boundaries and no encroachments. Sellers, on the other hand, have an obligation to deliver marketable title to the buyer under the terms of the contract of sale.

Resolving Fence Encroachment Disputes

When faced with a fence encroachment, it is important to address the issue promptly and amicably with your neighbor. Open communication and the willingness to find a solution can help avoid legal disputes and maintain a good relationship with your neighbor.

Here are some steps you can take to resolve a fence encroachment dispute:

1. Communicate with your neighbor: Reach out to your neighbor and discuss the situation calmly. Explain your concerns and try to find a mutually agreeable solution. This may involve moving or removing the encroaching portion of the fence.
2. Obtain a property survey: Hire a professional land surveyor to accurately determine the property boundaries. This will provide a clear understanding of the encroachment and help in resolving the issue.
3. Reach a compromise: If possible, try to negotiate a compromise with your neighbor. This may involve adjusting the fence placement or sharing the cost of moving or removing the encroaching portion.
4. Consult an attorney: If the situation escalates or if your neighbor refuses to cooperate, it may be necessary to consult an attorney specializing in real estate disputes. They can provide legal advice and help negotiate a resolution.
5. Mediation or arbitration: In some cases, mediation or arbitration may be necessary to resolve the dispute. This involves a neutral third party facilitating discussions and helping the parties reach a mutually acceptable agreement.

Importance of Addressing Encroachments Early

Addressing fence encroachments early on is essential to prevent the situation from escalating into a costly legal battle. By taking prompt action, you can avoid potential damage to the relationship with your neighbor and ensure a peaceful coexistence.

Furthermore, addressing encroachments early can help maintain the marketability of title for both parties. If a seller’s fence encroaches on a neighbor’s property, it may render the title of both properties unmarketable. In such cases, it is advisable for the seller to move or remove the encroaching portion of the fence to avoid breaching the contract of sale.

Legal Implications of Failing to Rectify Encroachments

Failing to rectify fence encroachments can have serious legal implications. As mentioned earlier, sellers have an obligation to deliver marketable title to the buyer under the Offer to Purchase and Contract. This includes resolving any encroachments on the property.

If a fence encroachment is not addressed and the buyer discovers the defect after the closing, they may have the right to terminate the contract and receive a refund of the deposit and due diligence fees. Even if the buyers did not obtain a survey during the due diligence period, the seller is still obligated to deliver good title.

In addition to contractual obligations, failing to rectify encroachments can lead to potential legal actions from the affected neighbor. This can result in costly lawsuits, damage to reputation, and strained relationships within the community.

Dealing with an intruding neighbor’s fence can be a complex and challenging situation. Understanding the causes of fence encroachment, the marketability of title, and the legal implications of failing to rectify encroachments is essential for homeowners facing this issue.

By addressing fence encroachments promptly and effectively, homeowners can maintain good relationships with their neighbors, avoid costly legal battles, and ensure the marketability of their property title.

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