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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2762
Experience:  Helping you with your legal questions.
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I am trying to sell my house come to find out the fence in

Customer Question

I am trying to sell my house come to find out the fence in the back yard is 18ft on to my neighbors property. The fence was there before she bought her house and was there when I bought my house. She is threating to get an anttorney. Do I have anything to worry about? ALso our realtor shows the survey in her stand. When people come to look at it. We are not trying to hide anything from potential buyers. Fence was there since early 90's.
JA: It's hard to know for sure. The Real Estate Lawyer will figure it out. Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Wisconsin
JA: Has any paperwork been filed?
Customer: Not that I am aware of. We do have our survey that shows it 18ft. off. But did something happen over time and is that why it is off?? We rebuilt due to a house fire 4 years ago and this is when it poped up.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I know of.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 year ago.
Hello. My name is***** am an attorney. I am here to help you on your question. You actually may have a claim of adverse posession. You would have to go to court to claim it. What is your neighbor threatening?
Customer: replied 1 year ago.
To get a lawyer. Not sure if I should get a lawyer or just take fence down. The fence was there when she bought her property in 1993.
Expert:  Damien Bosco replied 1 year ago.

Hello again. Thank you for the additional information. If a landowner does not plan to make an adverse possession claim (a claim that the landowner now legally own the land because, among other reason, it was used by them for more than 20 years), then the current survey lines (as set forth on an municipal record for example) would remain in place. Therefore, a removal of a fence could resolve an issue that the fence is on the neighbor's property. We can discuss more if you would like to do so.

Expert:  Damien Bosco replied 1 year ago.

Hello: I have not heard back from you. I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. If not, please let me know how I can further assist you. Best regards.