Dear Littlescribe: I'm In a Property Pickle. My neighbor is building a fence over my line.
My neighbor is laying the groundwork for a new fence. I've looked at the property lines and he is cutting into my property line by over 3 feet. It's not THAT huge, and I don't really need that space. We don't have anything going on in that part of the yard. But still, it is mine, and we may sell at some point. By then it may be too late and too costly to remedy the situation. Should I just let it slide? If not, how do I broach the subject? I don't want to come off confrontational. It's really hard for me to talk to people about stuff like this. I always buckle.
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Nope. Don't let it slide. 3 inches is one thing. But 3 feet is worth fixing, especially because the conditions of your sale may depend on those three feet if the buyers are picky. And buyers are picky. Not only this, but you may be required to report the deficiency during the sale, or correct the deficiency during or after the sale. If your neighbor hasn't lain the fence yet, talk to him.
As you are not one for confrontation, and you DO need to handle this, here is what I propose:
Good Mood: Pick a time of day when you are in a good mood and feeling confident. This will set the tone of the conversation.
Lay it straight: Let him know you may be selling at some point soon (a relative term, and none of his business when), and you are nervous because it looks like the property line might be getting cut into, and you don't want to be held liable for the deficiency when it sells.
Compare Deeds: Ask him if it's OK if you investigate the line together to make sure it matches with the county records. Then compare deed copies. (This will be a good time to make sure your calculations are correct.)
Hire a Surveyor: If the deeds are conflicting or unclear, then you'll need to pay for a survey, and you should ask your neighbor to share the cost. This might be a motivator for cooperation already. Another motivator would be to mention the word "court." As you are not one to propose conflict, then try saying, "I am not interested in going to court over something like this. Let's just hire a surveyor instead." If you determine from the deeds or the surveyor that the property truly is being encroached upon, you have two options.
Fix the fence line: If your neighbor is a nice guy, ask him if he doesn't mind just putting the line right. Maybe offer to help with the fence.
Property Mediator: If he's willful about the issue, propose going to a property mediator. There are several ways to resolve disputes like this, where both parties can win. Court is a last resort, but should always be an option if the cost-benefit is worthwhile.
Document As with anything, document document document. Take photos, log conversations, keep track of documents, receipts, deeds, and assessments.
If I'm not mistaken, his fence is considered a trespass. Depending on your neighbor's disposition, it may be worth consulting with a real estate attorney to know your rights. Even if it costs you $200 to do so. It's a fairly important issue. Protecting your asset is protecting your family. This is worth being assertive over.
Hope this helps! And here's to hoping your neighbor is nice.