Purchasing house, property extends past fence

[LibGuy]

What is the name of your state (only U.S. law)? Iowa

Hello, I am interested in purchasing a house here in Iowa. A concern of mine is that the north fence on the property is 4 or so feet into the property, so those 4 feet are fenced into the neighbors lawn. There are a few trees on the 4 foot deep section. According to the property disclosure the seller says that she owns the property that the trees are on (the 4-5 feet) but the neighbor has mows the lawn. She is responsible for maintaining the trees. I don't know how long the fence has been in place nor how long the neighbors have been mowing it. I will ask if she set it up with him for him to mow.

While I don't want to alienate the new neighbors, I would like to affirm that we still own the land. What would be the best way to make sure that we affirm with the neighbors / have the seller confirm that the property is hers and is being sold?

Thanks for your advice!
LG

 

[FarmerJ]

So your saying that the fence sits approximately 4 feet to the inside of your lot line ? then you said > but the neighbor has mows the lawn< if your boundary survey shows that to be part of the land you are about to buy then I suggest you make it clear to the neighbor after you buy it that they are to stop mowing that area because you will be doing it , Those trees , if they are on the property you buy it doesn't matter who planted them they yours once you buy it. if you buy it you should make plans on moving that fence so it is just a few inches inside your lot line or install gates to allow you easy access to mow. I know some times home owners have no problem with allowing a neighbor use or take care of a strip of land and there can be hard feelings when there is a new owner. OH when this survey was done did they use a permanent marker or just wood stakes to show where the lot line is ? you may want to pound pipe in to mark it if they didn't use something more permanent to mark it ( a inch or two inside your lot line of course.

 

[LibGuy]

Thanks for your input! I will make sure to either move the fence and/or put in a gate. Either way I'll inform the neighbors.

 

[FarmerJ]

Make sure you have a title search done too. ( and to check that towns ordinances for fence set back rules too)

 

[Orange7885]

Sticky situation

There is a law that is adverse possession. If the neighbor has been using and maintaining the strip for a period of 10 years they can legally take possession of it. They can apply for a prescriptive easement in some cases. I would be straight up and talk with the neighbor and tell them that you are worried about boundaries. I would not mention the adverse possession.

 

[HRZ]

THe time line for adverse possession may be even less in your state...I did not check.

I think it would be prudent if not mandatory that you use counsel and lock in that seller must cure any problems PRIOR to closing ....absent counsel everyone will bs you into closing first .hey, it may be a simple matter to move the fence ...but the SAFE way is to make sure BEFORE you close. ..

 

[Orange7885]

Great advice

Yes, solve before closing