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Neighbor fence on my line and I want to sell?

i'm getting ready to sell my house but my neighbor put up a fence last year that's like 1-2 feet onto my property. he's a mean guy and i don't want to talk to him. do i have to fix this before i sell my house or can the new buyer deal with it?

Asked by Dave | West Fargo, ND| 04-20-2026| 201 views|Selling|Updated 6 months ago

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Larry MastropieriReal Estate Agent2 months ago
Semi-Pro68 Answers

You can sell without fixing it, but 1-2 feet isn't the six-inch overlap buyers shrug at. It'll show up on the buyer's survey, become an exception on the title policy, and some lenders won't fund with it sitting there. That's a smaller buyer pool. Here's the part that works in your favor: the fence went up last year. There's no long-standing-use argument for him to lean on. The recorded line still controls, and it's a fresh fence that's cheap to move. And you don't have to have a conversation with him. Order a current boundary survey, then let the paperwork do the talking , a copy of the survey with a short letter, or have an attorney or title company send it. Framing it as a documentation issue instead of an accusation gets a lot more cooperation than you'd expect, even from difficult people. The real reason to handle it now: if you wait, your buyer will demand you fix it under contract with a closing date bearing down and your leverage gone. Most contracts put that on the seller anyway. Deal with it on your own clock or deal with it on theirs. Start with the survey. Everything else depends on what it actually shows.

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Zoltan PeresztegiReal Estate Agent3 months ago

Dave, good news first: you never have to knock on that guy's door. Everything here can be handled through paper and professionals. Step one, get a boundary survey. Right now you believe the fence is 1 to 2 feet over, but a survey with staked pins turns that from an opinion into a fact. Expect a few hundred dollars up to around a thousand depending on the lot. Every path forward starts with this document, and buyers and title companies take a stamped survey seriously in a way they will not take anyone's word. Then you have three realistic options, in order of effort: - Disclose and sell as is. You are not legally required to fix an encroachment before selling in most cases, but you do need to disclose what you know. Some buyers will shrug at 18 inches of fence line, some will not, and their lender or title company may raise it. Expect it to cost you a little in negotiation. - Paper it without confrontation. A real estate attorney can draft a simple encroachment or license agreement ("fence may remain, no ownership rights granted") and mail it to the neighbor for signature. Mean people sign these more often than you would think, because the alternative conversation is about moving their fence. This usually clears the issue for title and keeps the peace. - Formal demand to remove or move the fence. The nuclear option, through an attorney, only if a buyer's lender demands a clean line and the neighbor will not sign anything. One reason not to just ignore it: a fence that sits over the line for years can eventually feed an adverse possession or boundary-by-acquiescence claim in many states. Letting it ride quietly for another decade is the one truly bad option. I am a real estate professional, not an attorney, so have a North Dakota attorney confirm the details. Practical play: order the survey now, hand it to your listing agent, and let them present the issue to buyers matter-of-factly with the fix already in motion. Handled that way, this is a footnote, not a deal killer. I am a real estate professional in Los Angeles' South Bay. If you want a good agent in the Fargo area who has dealt with fence lines before, I am happy to connect you with someone strong from my network. Zoltan

Juan PicosReal Estate Agent4 months ago

I would be cautious about simply leaving this for the next buyer to deal with. If you know that a neighbor's fence extends onto your property, that may be considered a material issue that should be disclosed to potential buyers. Disclosure requirements vary by state, but known boundary disputes and encroachments are often matters buyers will want to know about before purchasing. That does not necessarily mean you must resolve the issue before selling. Some sellers choose to: • Obtain a survey to confirm the property line. • Negotiate a resolution with the neighbor. • Sell the property with full disclosure of the situation. • Adjust pricing or terms to reflect the unresolved issue. The first step is determining whether the fence is actually on your property. If you do not already have a recent survey, it may be worth consulting a licensed surveyor before taking further action. Keep in mind that an unresolved boundary issue can affect buyer interest, financing, title insurance, and negotiations. Some buyers may be comfortable addressing it after closing, while others may request that it be resolved beforehand. I would discuss the situation with a local real estate professional and, if necessary, a real estate attorney. The goal is to understand your disclosure obligations and the potential impact on the sale before the property goes on the market. In many cases, the issue doesn't have to be fully resolved before selling—but it usually shouldn't be ignored either.

Austin MooreReal Estate Agent6 months ago

I would not leave that for the buyer to discover later if you already know about it. A fence that may be over the property line can turn into a title, survey, lender, or buyer concern pretty quickly. Even if it does not stop the sale, it is usually better to deal with it upfront than have it become a surprise during the transaction. First, I would make sure you actually know where the line is. If you are basing it on a guess, old markings, or what someone told you, get a current survey or have the existing survey reviewed if you have one. If the fence really is on your property, talk with your real estate agent and possibly a local real estate attorney before approaching the neighbor. In some cases, it can be handled with disclosure, an agreement, a fence move, or a negotiated solution before closing. The main thing is not to hide it. Buyers, lenders, and title companies do not like surprises with boundary issues. Getting clarity before listing can save you a lot of stress later. Austin Moore Austin Moore & Company Real Estate Realtor in Longview, Texas

Jennifer HupkeReal Estate Agent6 months ago
Semi-Pro47 Answers

Keep it simple: neighbor’s fence appears about 1–2 ft over the line. If you have a survey, include it. Showing it’s a small area makes it less of a concern. You can sell as-is, just expect questions or negotiation.

Michael KozlowskiReal Estate Agent6 months ago
Semi-Pro80 Answers

Hi Dave It is always best to be honest and disclose any items that could affect your home sale to protect yourself in the future.

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