I recently purchased a new construction
home and had a provision in the contract for a fence to be built to completely enclose the property. When we went to closing, the fence was built (enclosing our property) but was actually built into the neighbor
's fence (so, only the left and the back fence potions were new material, the right side was the neighbor's fence), which was a breach of contract. So, we went to closing with the verbal agreement that it would be fixed after everything was signed.
About two weeks later (approximately a month ago), the builder contacted the neighbor and asked if we could remove their dilapidated fence and put our new one in its place. The neighbor verbally okayed it, so the builder removed their fence and put ours up.
A week after that, the neighbor came over to our home and told us that they had a survey
done and our fence was over their property line. We contacted our builder, but he's been difficult to get in touch with. He finally came out, met with the neighbor, and agreed that the survey showed he was in the wrong. But, nothing has been done. Our neighbor recently threatened us with a lawsuit if the fence issue wasn't corrected.
So, ultimately, I'm wondering who would be liable. Are my husband and I liable because it's our property or is the builder liable because the fence was part of the original purchase agreement and contract we signed? In other words, we didn't have a contractor
come in after the fact and put it in place. Does the neighbor have any recourse against us?
Any help you could give me would be greatly appreciated.