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The neighbor's fence can be a concern if it is encroaching...

By
Real Estate Agent with Berkshire Hathaway HomeServices California Properties 01238708

This post was inspired by Patricia Feager, MBA, CRS, GRI,MRP  & Kathleen Daniels, Probate & Trust Specialist  hosting and Active Rain Challenge.

While fences encroaching on neighbor's property can pose a need for concern, just how prevalent of a concern (or a problem) is this? In my experience, a small number of home sellers actually face this problem, and thus relatively few buyers need to deal with it.

www.endrebarath.com

 Over the past 27 years, I've encountered a total of 3 or 4 encroachment issues. They've generally entailed that a fence was not fully installed over the homeowner’s land, but rather it was partially placed on the neighboring land.  When neighbors get along and are reasonable, this is a non-issue and can be resolved amicably when and if the need arises.  Customarily, that need arises (and can become an issue) when a homeowner is ready to sell, or the property is already in escrow.  For example, let's say that the buyer and seller have agreed to a price, terms and other purchase and sale contract details.  Perhaps an encroachment was disclosed up front by the seller - best case scenario, but what if the encroachment is discovered during the buyer's investigation period, or by the title company? Then what is one to do? 

www.endrebarath.com

In my experience, I find that a line survey should be done to determine where the encroachment is if one exists. Once that is determined, a number of options are available.

Generally speaking, it is an easy fix. One option is to move the fence where the line survey indicates. Needless to say, there has to first be an amicable discussion between the parties as to how to go about this. Nothing comes free, after all!  Which brings us to the next alternative of leaving things as they are.  The third option is to grant an easement to the neighbor that is encroaching on the property with the fence.  Some buyers will deal with this after the close of escrow so as not to affect the loan or start a confrontational approach with their new neighbor.

www.endrebarath.com

Twenty some odd years ago, I had a client who was very self-centered and aggressive by nature.  To give you some background, the majority of our phone calls were ‘one-sided' with him barraging me with conversation for five to ten minutes.  Once he finished, he would simply hang up the phone.  This same client was an all-cash buyer who I represented when he bought a moderate fixer house in the affluent community known as Pacific Palisades.  The seller was an ambassador from a country outside of the United States and had owned the home for approximately 12 years.  At the time the house was listed for sale, his relatives were living in the house and neither the seller nor his relatives had any concerns with the encroachment of the neighbor’s fence on their property.  

Naturally, my client hired a surveyor during the investigation period and received confirmation that the neighbor’s fence was indeed encroaching on his future property.  He had a few "meetings" with said neighbor, who happened to be a stoic Buddhist.  Needless to say, they could not come to terms. 

I suggested to my client that he offer an easement to the neighbor, but he did not want to hear it.  Unbeknownst to me, two days before he was set to wire the remaining funds into Escrow, my client went to Home Depot and hired three or four men who were outside looking to make some extra cash.  They loaded into my client's SUV and off they all went straight to the property and ripped the fence down. After the fact, I learned that the Pacific Palisades Police were called to the scene but by the time they arrived, the fence was down. My client showed the line survey to the police and told them that he was within his rights since he did not ask the neighbor to either pay for the removal or the repair of the fence.  (You have probably gathered by this point that my client cared nothing about amicable discussions or avoiding confrontational approaches.)  

After all of this, there was a follow up meeting in the conference room of the Listing Brokerage with me, my broker and my buyer.  In no uncertain terms, the brokers let him know what a poor decision this antic was on his part.  They asked him to put up a new fence between the two properties and he refused.  Ultimately, both Brokers offered him a financial remuneration from the entire commission to cover a new fence. He then agreed to construct a new fence.  To be clear, I was not in favor of this solution, but I was not going to go against the decision of the two managing Brokers.  Hence, I received a discounted commission when the transaction closed.

www.endrebarath.com

My take is, this did not need to go to this extreme.  Ironically, my client ended up fixing and flipping the house.  I did not get the listing to sell it.  There are times in real estate when you are grateful that you did not get a repeat client.  Clearly, this was the case here!

 

 

www.endrebarath.com

 

 

 

 

 

Wishing you a safe and healthy life and I look forward to your comments. If you are looking for a knowledgeable, focused and goal-oriented Realtor in the Beverly Hills area who will help you achieve your Real Estate goals, please reach out to me directly! If you are looking for a pet friendly Beverly Hills Realtor who can handle and sell the most difficult properties that no one else could, please reach out to me directly!! If you are considering buying or selling a home, a luxury home, luxury investment real estate, luxury vacation homes, or luxury beach properties in Southern California, Los Angeles, Century City, Westwood, West Hollywood, Beverly Hills, Marina Del Rey, Venice or Malibu, feel free to contact me at 310.486.1002 ( m) homes@endrebarath.com or visit one of my websites at https://www.endrebarath.com I contribute a portion of my commission to local animal rescue organizations. Endre Barath, Jr. Realtor at Berkshire Hathaway HomeServices California Properties DRE#01238708

 

Comments (37)

Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Oh, what a debacle, Endre! Crazy thing is that he could have EASILY removed the fence 2 days later when it was HIS property! No brokers would have taken your commission from you at that point. NOR would they have been able to demand that he replace the fence. Would the neighbor have taken him to court? Maybe, maybe not!

What on EARTH was he thinking??!!

Mar 26, 2023 11:17 AM
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Condo and Home Specialists

Isn't it great when neighbors can get along and make something like a non-issue Endre?

You may have encountered more than you wanted to on this deal but at least you got through it ~

Mar 26, 2023 11:21 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Oh my! I had a sale recently where a part of a shed was on property I was selling. It was disclosed and the buyer didn't care.

Mar 26, 2023 11:56 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Oh man Endre - all because of one crazy you know what.  I've had a few encroachment issues but none as nuts as this one.  I wouldn't have agreed with either broker on the commission thing but it is what is now.  You're fired is a good thing at times.

Featured in BananaTude!

 

Mar 26, 2023 03:13 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Endre everything can be resolved when level heads prevail and all parties are reasonable.  BUT, unfortunately the opposite is many times the case.

Mar 26, 2023 04:28 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Jeff Masich-Scottsdale AZ Associate Broker,MBA,GRI loved the picture and the comment, Endre

Mar 26, 2023 06:15 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Michael Jacobs  just a learning experience, some lessons are more expensive than others:)Endre

Mar 26, 2023 06:23 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Buzz Mackintosh  I had a few that was resolved amicably too, Endre

Mar 26, 2023 06:24 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Brian England  in my experience most of the time the neighbors are fine, but you make a good point, Endre

Mar 26, 2023 06:25 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Nina Hollander, Broker  wow that is incredible, listing agent and son.....Endre

Mar 26, 2023 06:27 PM
Nina Hollander, Broker

Endre Barath, Jr. I couldn't believe my ears when the listing agent first told me they put in a fence without a survey, that their neighbor had already alerted them that they were encroaching, and then didn't say a word about it when the property was listed. And this was a very experienced Charlotte agent, no less.

Mar 27, 2023 05:10 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

And the correct response in this situation is: "Fences make the best neighbors."

Mar 26, 2023 06:28 PM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Endre Barath, Jr. - Congratulations on your FEATURE! 

Mar 26, 2023 07:35 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Debe Maxwell, CRS  I suspect it was intentional... since he was always very aggressive:)Endre

Mar 26, 2023 08:44 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400  you are so right, Diane is still grousing about this transaction:)Endre

Mar 26, 2023 08:44 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Kat Palmiotti  most of the time that is how it goes in the rare occasion that there is an encroachment, Endre

Mar 26, 2023 08:45 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Anna Banana Kruchten Phoenix Broker  thank you for the Feature in Banana Tudes... yes we are on the same page but I did not want to argue with the two Brokers.... One was Coldwell Banker the other one was Fred Sands Broker and I was the new kid on the block relocated from Boston just a few years before,Endre

Mar 26, 2023 08:48 PM
Anna "Banana" Kruchten

Understood Endre. New to business and town. I get it.  About 20 years ago I new associate broker of where I used to work thought I should do a commisionectomy.  I said that IS NOT what I've been told here for over 10 years and I've got all my paperwork that proves I did the right thing.  He backed off and the client went away. By that time I had a lot of years in the business and wasn't taking any you know what. I fired that client.  Done.

Mar 26, 2023 09:09 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

George Souto  my friend we are on the same page, Endre

Mar 26, 2023 08:49 PM
Ray Henson
eXp Realty of California, Inc. (lic. #01878277) - Elk Grove, CA
Realtor

I can't believe he just went over and tore the fence down and then the brokers pretty much rewarded him for doing it.  I understand why they did it, but ouch.  I am sorry you had to go through it all.

Mar 27, 2023 06:52 AM
Pat Starnes-Front Gate Realty
Front Gate Real Estate - Brandon, MS
601-991-2900 Office; 601-278-4513 Cell

Gosh, the buyer had not closed on the property so I'm not sure what rights he had to tear down the fence and get a free ride. If I had been the neighbor or the seller, I'd still be livid! Kiss him goodbye and be glad you didn't have him the second time around.

Mar 27, 2023 01:29 PM
Kieran Jackson
Keller Williams Hollywood Hills - Los Angeles, CA
Realtor®, SFR, U.S. Army Veteran

Thanks for this post. Very interesting! Yes, there are some difficult clients out there.

All the best.

May 05, 2023 07:38 AM