Legal Question in Real Estate Law in Missouri
Property lines
My neighbor built a fence inside his property line years ago (I don't know for sure how many, it was before I moved in 11 years ago). It is only a foot or so on my side, but it is 5' ont he other side. Now, he is moving. His title company wants me to sign something saying that I know that the fence line and the proprty line are not the same.
Do I have to sign? After all these years, are they the same? I have heard that after 10 years, the property line and the fence line are the same. Is that an urban myth?
If I sign, will it cause me problems when I sell or when that house gets sold again? The current buyer doesn't want to move the fence now. Will I have problems if she changes her mind, or if the next buyer wants to change the fence?
This will effect four neighbors. Do we all need to do the same thing regarding this? If any of us don't sign, what happens with the sale of his house?
1 Answer from Attorneys
Re: Property lines
Fences and property lines are complex situations to deal with. The first question to ask is are you willing to agree on the fence line as the new boundary line, or do you expect the original property line to remain despite this problem.
Essentially, the paper you could sign may serve to show your agreement that the fence is the line, and in the future you cannot enforce the original line. It is impossible for me to know how to advise on this without seeing the document they want you to sign, though.
I would advise you contact an attorney to review the language in this document. I am available for this, if you want to contact me directly, or I can help find someone in your area who can review it for you.
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