Full question:
I am a Realtor with a client who has just signed an agreement of sale for his home. The day after the "under contract" sign went up, I got a call from a man saying he was the next door neighbor and that my Client's hedge is on his properety. The Neighbor wants my Client to pay for a survey. Since the Neighbor is the one disputing the property line, shouldn't he have to pay for the survey. Also, both parties have been neighbors for almost 30 years, and the hedge has been there the entire time. If the hedge is on the Neighbor's property (we're talking inches here) wouldn't adverse possesion or squatter's rights apply?
- Category: Real Property
- Subcategory: Neighbor Relations
- Date:
- State: Pennsylvania
Answer:
The issue should probably be addressed with the Buyer and Seller in order to avoid non-disclosure issues and problems after the closing. The survey could be something the neighbor should pay for but since the question has been raised, if a survey is not done, the Buyer would need to buy with full knowledge of the issue. The hedge probably does not amount to enough to consitute adverse possession and the facts may not amount to adverse possession because it has to be hostile and without consent. The cleanest way to resolve the issue would probably be a survey to protect the Buyer and Seller and deal with the issue before closing. It would be rare for the neighbor to pay for the survey in this situtation.
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