Legal Question in Real Estate Law in Maryland
We are scheduled to close on our house on January 29th, 2010. Yesterday, I received an email from our agent which included a location drawing which stated that there is a fence encroachment issue. Apparently, our neighbors built their fence 2 feet too far onto our property. Do I have to request from the sellers to solve this issue before settlement. Or will it be easy to solve this after we bought the home?
1 Answer from Attorneys
Now is when you want to resolve this--before settlement. Your title insurance will not protect you if the neighbor claims the strip by adverse possession if 20 years have passed since the fence was erected. If you want the strip back and it's not too late, I suggest you tell the seller to instruct the neighbors to move the fence. If you'd rather "sell" the strip to the neighbors, then either the seller should drop the price to accommodate you or the neighbor should agree to compensate you for the encroachment.
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