Help...I close tomorrow...fence issue

[jrv4babies]

What is the name of your state?
FLORIDA

I know there are a ton of fence questions on here and I am trying to read through them all to find my answer, but please also help me if you can.
We are selling our house and are scheduled to close tomorrow.

We fenced our yard ourself...but we did it correctly, pulling a permit and having it inspected afterward, etc.

The buyers had a survey done and have said the fence is over onto the next property (one one side only) by 6 inches (actually I since went out and looked and from where the flags are that the survey crew left, I would say it is more like 3-4 inches)

The buyer is requesting that we move the fence as she is concerned she will have a future issue arrive and she will then be liable to move the fence.

I am irritated that we would be told this the night before closing...we had no prior knowledge there is a problem with the fence....I feel like we are being jerked around a bit as obviously we can't move the fence by tomorrow so probably they are really wanting us to say we will take money off for them "in case" they have to incur the expense of moving it in the future.

Also, I just can't see it is likely to be an issue..we are talking slight inches here...and frankly, as I have been in the market to buy a new house, I have been happy when I see a neighbor has their yard fenced because then I know it will cost me less to fence my yard...as don't people usually tie in their fence as one line rather than build two fences right up against each other...
my thought is that she COULD have a problem with this in the future (that lot is empty right now and owned by US but we have a contract to sell it to someone else) but that she is unlikely to have a problem and that is just a risk that SHE has to decide if she is willing to take if she wants to buy our property...
...I mean I am not wanting to be a jerk here but I am also not appreciative that this has been made my problem the night before closing. And, the housing market is crazy here right now...our house was under contract after 15 hours on the market...I am confident we can find another buyer if this lady wants to get so picky with us...

your advice/sharing your knowledge and experiences with this is appreciated!!!

Thank you!!

 

[jrv4babies]

more background info

Also my real problem is that we CAN'T move this fence in 6 inches without removing several trees and shrubs (planted by the previous owner). We sent the buyer (who is out of state) pics of this so she would understand...if we comply with her request to move the fence in 6 inches she will lose thousands of dollars of landscaping back there...
or we can move the fence in 4-6 feet and put all that nice landscaping behind the fence where she can no longer see/enjoy it.
or we can just rip down the back panel of the fence and she can take the property fenced down the sides for privacy and no fence along back line

or, since we NOW own the lot the fence goes onto by 6" we can sign an encroachment agreement...but since we already have a contract to sell that lot, I'm sure we need to disclose that to the buyer and who knows if he will want to continue it...we obviously can't guarantee that...

MOST OF ALL I AM MAD BECAUSE I TRY TO DO THINGS THE "RIGHT" WAY AND I WOULD HAVE DONE THIS DIFFERENTLY IF I HAD KNOWN...THOUGHT GETTING THE PERMIT/INSPECTION MEANT I DID IT RIGHT.
ALSO I JUST FOUND OUT LAST WEEK THAT DESPITE THE THOUSANDS OUR REAL ESTATE AGENT MAKES OFF ALL THIS...HE WASN'T BRIGHT ENOUGH TO TELL US THAT IF WE HAD SOLD OUR HOME AND LOT AS A PACKAGE TO THE SAME BUYER WE COULD HAVE PROBABLY AVOIDED CAPITAL GAINS TAXES ON OUR VACANT LOT THAT IS ADJACENT TO OUR RESIDENCE (okay, okay, I know I'm starting a whole new thread discussion here...but I ran across this by ACCIDENT while researching another issue...just great...hindsight!!!)

I'll quit venting now...please respond...
I'll take anything...I prefer lovely sweet words, but I'll
take the tongue in cheek comments you give newbies...whatever,
just advice please...as I said the closing is tomorrow and they have not said they are not closing as far as I know...

 

[rmet4nzkx]

Well it sounds to me as if there is no problem then since you are the owner of the other property any way. What you have in essence is property with fence along the two sides, and a natural fence of shrubs, trees and landscaping, the fence in question belongs to the other property placed there entirely on their(your) property and connected to the side fences to enhance the stability and as a result encloses the yard and preserves the mature landscaping. You cannot move a fence belonging entirely to the other property. You could take down the corner posts if that makes them happy

 

[PghREA]

Since, the survey you had done when you first installed the fence and the one she had done when she contracted to buy your property do not agree, obviously, one of those surveys is not correct. You might want to contact each surveyor to get their opinions.

I also like the above answer. If her survey is correct, then the fence is on the other parcel that you own. Either way, there is a fence between the properties.

 

[dogstooth]

If you want to go to title....just place some money in escrow, then move the fence after closing. If you don't, she'll get the money. Either way, they got you.

I'd say scr**w it, and let the thing fall through. Since you own the other lot, put together an "fence easement", then find another buyer. But option 1 may be less expensive.

 

[Florid-aise]

Just a couple of thoughts here. Possibilities.

Permission: Give the present, most immediate buyer, permission to have the fence on your vacant lot. Written permission. This is not an easement, and you as present owner cannot give, create, or establish an easement on your own land for your own purposes.

Easement: Maybe, the simple way to avoid moving the fence at all, would be to grant an easement for the inches in question between all the parties involved.

License: When you give permission to your immediate buyer, the then new owner may have license (through your previouly established written permission), to have that fence on the vacant lot; which the vacant lot buyer will be aware of from the beginning.

Bat it around Big-Leaguers - Bat it around.

 

[BelizeBreeze]

Either move the DAMN FENCE as per the buyer's request or wave bye bye as the buyer leaves with cause.
GEEEZ!!!! This ain't rocket science.

 

[seniorjudge]

"Either move the DAMN FENCE as per the buyer's request or wave bye bye as the buyer leaves with cause. GEEEZ!!!! This ain't rocket science."

Amen and amen.

 

[Florid-aise]

Yeah, there is always the obvious solution, you both got that right.

But then again, because OP owns the vacant lot, why not deed the dang-on inches to the immediate buyer from the vacant lot to the new buyer.

Nawwwww. Move the fence.

 

[seniorjudge]

Mo$t of the time, the be$t $olution i$ the one that co$t$ le$$.

 

[Florid-aise]

Mo$t of the time, the be$t $olution i$ the one that co$t$ le$$.

Amen and amen.

 

[seniorjudge]

"Humour with the obvious stated from the knowledgeable ones."

Sometimes people do not want to accept an obvious answer to a transparent question.

I know this is true because I heard it on the Dr. Laura show.

 

[kmo199]

jrv4babies:

Satisfied with the knowledgeable ones' advice?

 

[jrv4babies]

The least expensive option was $0

Hello everyone,

Just wanted to follow up to say thanks to everyone for responding, I enjoyed reading all your comments.

I went out and looked at the flags the survey crew put up and also found that the survey company dug out the rebar in the ground that marks the property lines so that it was visable. The rebar comes exactly dead center in the corner fence post...so that means the fence posts are 3" over (6" post divided in half) but the fence itself, which the panels are centered between each post, is probably right on the line.

Anyway, we told the buyers no way, no deal...they take it as is or take a hike (actually that is not true, we offered them other options as well such as we could give them an encroachment agreement, of course could not guarantee future owners of that lot would uphold it, or we could write an addendum that that line of the fence does not convey as it actually belongs to the other propery).

We were reassured by MANY sources that having it be off by feet is one thing but being off by mere inches like this is not a big deal and buyers usually never fuss about it. So we held tough.

Then they asked us for $$ (which I think was their intention all along since this was brought to our attention the evening before closing...we obviously would not have been able to move it is as requested)...we again said NO WAY...

then they told us we couldn't resell the property easily because now that we knew about the fence we would have to disclose it if we relisted the house...we said we had already thought about that and we would just start up front with disclosing that the southside of the fence does not convey as it technically belongs to the adjoining lot...or we would just tear that side of the fence down as the landscaping provides plenty of privacy back there...to any new buyer it would be like "look at the nice privacy fence we installed along either side of the yard"...the cold hard truth is that people don't miss as much what they never had....

mind you this was all at 1:30-1:45...we were scheduled to close at 2:00.

I know this sounds jerky to some of you as you are thinking...if you would be willing to tear down the fence, why not move it...but know that we are not talking about a 4 ft chain link fence here...this is a 6 foot solid wood fence with 6"x6" posts down 3 ft or more in the ground with 2-3 bags of concrete per post (man if a hurricane comes through our neighborhood, we always joke the fence will be the only thing left standing)...it would take my husband about 2 hours to sawzall it down along that line if he HAD to...but could be DAYS for him to move that thing...for SLIGHT INCHES...sorry no way...we are both self employed and his time means way too much to his business...

Anyway, at 2:30 we got the call to come in and close and they would take it as is.

So, all the wise people who told me to take the option that would cost me the least amount of money, thanks, that's what I stuck with for an option and it worked out...

I may not have been able to use that tactic in any housing market at any time...but here and now...it worked.
and I really do believe that the chances are MINUSCULE that this will ever be a real problem for the people who bought our house.

Take care all.

 

[seniorjudge]

"Either move the DAMN FENCE as per the buyer's request or wave bye bye as the buyer leaves with cause. GEEEZ!!!! This ain't rocket science."


I forgot to add, "Tell 'em to bite rocks!"


"Anyway, at 2:30 we got the call to come in and close and they would take it as is."

Cool! I am glad it worked out for you!