Question:
Seller puts in Schedule B that the Buyers (who I would be representing) are aware that the neighbour’s fence on the SE (south east) property side does not encompass all of the neighbour’s property.
It’s believed that the fence is not on the property line & that the neighbour owns land on the subject property side of the fence.
The Seller makes no representations or warranties regarding the property boundaries and the Buyer agrees to take “as is, where is”. This is copied from the Schedule B.
What is not known – how much is the fence off the property? When the fence was erected? Who erected the fence?
My buyer is asking what can be the ramifications for them might be if purchasing property?
Buyers are now worried they might be stuck having to move the fence.
Answer:
This appears to be fine. The fence is not on the boundary. The neighbor erected and owns the fence in its entirety.
It was likely an expensive fence, perhaps enclosing their pool and they didn’t want it to become a boundary fence, such that they might lose complete control and complete ownership. So, likely when they built it, it would be set back just a few inches, just enough so that the cement foundations around the posts are not encroaching on the property which your clients propose to purchase.
It would be helpful to have a survey if there are any real concerns over the precise location of the boundary.
Brian Madigan LL.B., Broker