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Got stuck between settling or fighting a neighbor's fence dispute | Legal Advice - Free To Speak

Got stuck between settling or fighting a neighbor's fence dispute

My neighbor in Phoenix put up a new fence 2 feet onto my property line and I had to decide between paying $500 for a survey and lawyer letter or just letting it go. I went with the survey and lawyer after a buddy said ignoring it could mess up my title when I sell. Has anyone else dealt with a property line fight and regretted how you handled it?

3 comments

3 Comments

nathan1002mo ago

Do you think that title issue is something you'd only find out about when you're already in escrow? That's what worries me most about these property line disputes. I've read stories where a title search picks up an encroachment late in the selling process and the whole deal falls through or the buyer demands a big discount. A survey and a lawyer letter now seems like cheap insurance compared to losing a sale down the road. Plus, if your neighbor knows you have a legal claim, they might be more willing to work out a solution rather than just ignoring it.

the_rowan2mo ago

The "title search picks up an encroachment late in the selling process" part is what gets me too. But heres something nobody talks about: sometimes a survey shows the encroachment goes the other way, where YOU are the one taking a few feet of the neighbor's yard. I found out a guy in my neighborhood had a shed that was actually 3 feet onto the property behind him for 20 years. Nobody noticed until he tried to sell and the buyer's survey caught it. He ended up having to pay for an easement and lost the whole deal anyway. So getting a survey now protects you from being the problem, not just the victim.

baker.holly2mo ago

You mentioned a buddy saying ignoring it could mess up your title when you sell - have you actually checked with a title company or real estate lawyer about that, or was it more of a gut feeling from your friend?