The problem you have is actually very common, especially when old fences are replaced and new fences are installed without reference to a survey. When a fence is installed inside a property line, the location of the fence effectively makes the enclosed plot smaller and allows neighbors to use the land between the actual property line and the fence. For example, by installing a 3-foot fence inside your property line, your neighbors may believe that the 3 feet of land outside the fence actually belongs to them and plant hedges or widen their driveway accordingly. In particular, in the case of a driveway that interferes with your property, your neighbor`s continued use of that driveway can create an easement or turn into an unfavorable property claim. In this case, your use of your property will be negatively affected and may result in litigation. In any case, when you sell your property, you need to solve the problems caused by the fence laid. Most people often find it too difficult to say exactly where the boundaries of their property are without hiring a professional to do a survey. If you decide to hire a licensed land surveyor, he or she will come to your property and place markers that mark the boundaries of your property. You can find a list of licensed land surveyors in your area by simply checking your local phone book or the Internet.
It`s often best to call a few of these companies, explain what you expect from them, and then hire the one you think is best for the job. The answer: The quick answer to your first question is yes. A boundary agreement is necessary because the title company will not ensure the buyer`s ownership of the property between the property line and the fence without a letter stating that he is not entitled to the land. However, if you and/or your neighbors are still paying off mortgages on your properties, you`ll likely need to consult a lawyer before making a lotline deal. Your bank may prevent you from making such an agreement and instead insist that you hire a licensed surveyor to survey the land. .