Property line between us and the neighbors next door

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Property line between us and the neighbors next door

The home is 10 years old. The builder installed the fence between us and the neighbor’s 19′ inside our property line. We believe the error encompasses approximately 900 sq ft. of our land. This was not disclosed at the time we purchased the property. Our title policy shows the correct plat but the fence does not reflect the property line. The neighbors are original owners and we are the second owner of our property and have been in possession of our home approximately 11 months. We pay taxes on that land. What are our rights? How do we proceed in fixing the problem so all parties are happy?

Asked on April 8, 2018 under Real Estate Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You take down the existing fence and put up a new one wherever you want on what is provably (i.e. according to title, deed, etc.) your land; it is your right to put a fence anywhere you want on your land. It is too late (the statute of limitations has expired) at 10 years to sue anyone (e.g the sellers or the builder) for the error, so all you can do is fix the issue--you can't get compensation.


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