Legal Question in Real Estate Law in California

Old fence

Selling new house after residing here for 2 years. I

suspect a small portion of neighbors old side fence looks like it maybe a little over the property line as she has it

covered with vines it is had to see... How do I disclose

this or do I, when I sell the house? She bought the house 3 years ago? The original owner had the fence put in 12 years ago which was a bank foreclosure when she bought it.


Asked on 9/07/03, 4:54 pm

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Old fence

Save the hassle, get it checked out with a limited survey. Disclosures on real estate sales is very important. Discuss with real estate agent, however, if not disclosed by you and question or suit later arrives, agent will not defend you. Call an attorney. 800-685-6950

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Answered on 9/08/03, 11:48 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Old fence

Disclosing things you aren't really sure about is better left to the professionals. Tell your real-estate agent. Let her or him decide when and how to make the disclosure.

Whenever you make disclosures (to anyone) of technical matters such as zoning laws, boundary locations, well capacity, etc. be sure you qualify your disclosure to reflect the certainty of your knowledge -- say "may be" or "possibly" or "I would guess" when appropriate. Suppose the fence were TWENTY feet off the line when you had disclosed it as five!!!

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Answered on 9/07/03, 10:58 pm


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