Fences are often intended to mark property lines. If people see a fence they may rightfully assume it marks a property line. If asked, lawyers will tell a property owner to place fences so the outside edge is on the boundary line or an inch or two inside the boundary. Lawyers will often recommend they hire a land surveyor to place stake on the property line so the fence is located properly.
However, owners usually don’t have these discussions with a lawyer first. And most homeowners will forego hiring a surveyor before a fence is put up because it’s seen as an unnecessary expense.
As a result, fences are placed where the owner and/or their fencing company think the property line is located. If either is wrong, the fence may be located as much as several feet from the actual boundary line. And the fence may be well inside the owner’s true boundary or it may be on the neighbor’s land.
Should the owner want to sell the property, the owner’s attorney may have to obtain a new survey. If the fence has not been placed on the actual property line, the new survey will show the buyer’s lawyer there is a fence that ain’t where it’s supposed to be. It’s likely the buyer’s lawyer will require a boundary line agreement with the neighbor to establish that the correct boundary is as shown on the survey.
A boundary line agreement is usually a one or two page document signed by two owners of adjacent parcels of property whereby the owners agree on the precise location of an otherwise unclear common boundary. Once signed and notarized, the agreement is recorded with the county clerk and it “runs with the land,” meaning once it’s in place, it doesn’t need to be done again when one parcel is transferred to a new owner.
However, such agreements take time and effort. If the neighbor is willing to sign, great. If the neighbor refuses, it’s likely the closing will be delayed.
Misplaced fences can cause unnecessary issues and may result in extra expense and delays in closing. If you are constructing a fence, consider engaging a surveyor to place stakes in your boundary line so the fence can be placed properly.