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:
This issue should be discussed with both the Buyer and Seller to prevent non-disclosure problems after closing. The neighbor may be responsible for the survey costs, but since the dispute has arisen, the Buyer should be aware of it if a survey is not conducted. The hedge's encroachment is likely too minor to qualify for adverse possession, which requires the use to be hostile and without consent. The best way to resolve this is through a survey, ensuring both parties are protected before closing. Typically, it is uncommon for the neighbor to cover the survey costs in such situations.
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