Legal Question in Real Estate Law in Washington

Boundary Fence

We purchased our home four months ago. There is an existing fence that is about 25 years old. A new house was built on the property behind ours. The new owners say they were told by the builder, and signed something, saying that our fence is built a foot onto their property. They want to move the fence one foot. I have a survey that shows the fence is my property line. Also, there is a huge tree that would have to be cut down to move the fence one foot. It is about 60 feet of fence. Can they force me to move the fence?


Asked on 4/03/06, 7:21 pm

1 Answer from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Boundary Fence

The two most often used words in the law are "it depends" and that is the preliminary answer to your question. Is your survey only recent? Have there been earlier surveys? what do they show compared to your recent survey? Did you get an "extended coverage" title insurance policy when you bought your home? Did your neighbors' builder own your property as well? All of these questions bear on your inquiry. Your situation must be investigated and examined carefully before any answers can be forthcoming. You should seek the advice of an experienced real estate attorney immediately. Good Luck!

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Answered on 4/05/06, 6:50 pm


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