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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101394
Experience:  Lawyer
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Who in 1973 purchased 16.7 acres outside Calgary on which to

Customer Question

I'm Ernie **** who in 1973 purchased 16.7 acres outside Calgary on which to build a family home, which we did. A recent survey of our fence lines was made which shows an error in the original survey, namely showing a deviation of 4 feet on a specific post where the fence line makes a nominal 20 degree change in direction. The land effected by this error is minimal.
In selling our property can it be legally sold "as is" and with an awareness made to the buyer of this fence condition or is it legally required to replace a quarter mile of fencing to comply with the current survey?
Ernie ****
Ph: (###) ###-####
email: ***@******.***
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

You don't have to make any changes to the fencing yourself. You have to be completely honest with any potential buyer but you have no obligation to move the fence. If you find no one wants to buy it without the fence moved that will be another matter of course.

Let me know if you need any further clarification.