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Previous owner built a fence 2 feet into neighbors property

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  • Previous owner built a fence 2 feet into neighbors property

    My wife and I just bought our first home and it came with one side of the house and the back yard fenced. We wanted to finish the fence so we had our lot surveyed and it was discovered that the current fence that we did not build is two feet onto our neighbors property. Our neighbor suspected that it was on his property when the previous owner built it but neither the neighbor nor the previous owner paid to have it surveyed. Now my neighbor wants us to move it onto our property which we have no problems with except we don't want to pay. Who legally has to pay? The idiot previous owner who neglected to survey before building? The neighbor who neglected to pursue stopping the previous owner from building onto his property or the new home buyers who bought the home with the fence already built and on the neighbors property? Help in Indiana please!

  • #2
    Re: Previous owner built a fence 2 feet into neighbors property

    The guy who bought the house without getting a survey first.

    Yes, that's you.

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    • #3
      Re: Previous owner built a fence 2 feet into neighbors property

      I wish to inform you that you are at fault for not undertaking survey of the building prior to purchase and may get the fence installed at your expense. However, if there was a misrepresentation in this matter by the previous owner on your specific inquiry then you may issue a written notice to the previous owner. If the previous owner does not resolve the matter then you may file a lawsuit. You may demand damages and costs. You will have to prove your claims and allegations in the court. The court will consider all the facts and decide the matter.

      AFF

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      • #4
        Re: Previous owner built a fence 2 feet into neighbors property

        Originally posted by Fenceman View Post
        My wife and I just bought our first home and it came with one side of the house and the back yard fenced. We wanted to finish the fence so we had our lot surveyed and it was discovered that the current fence that we did not build is two feet onto our neighbors property. Our neighbor suspected that it was on his property when the previous owner built it but neither the neighbor nor the previous owner paid to have it surveyed. Now my neighbor wants us to move it onto our property which we have no problems with except we don't want to pay. Who legally has to pay? The idiot previous owner who neglected to survey before building? The neighbor who neglected to pursue stopping the previous owner from building onto his property or the new home buyers who bought the home with the fence already built and on the neighbors property? Help in Indiana please!
        If you mortgaged the property when you bought it, you should have a purchaser's policy of title insurance which in cases of improved property warranty that all improvements are in fact on the property being conveyed. That is what title insurance is for.

        So,you should have a claim against your title insurance property for the costs of removing and replacing the fence on the subject property they insured.

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