# Why is my real estate agent so antsy about the property line?



## debodun (Dec 7, 2021)

She had brought this up every time I meet with her. I can't help where the line is or where the driveway is. The neighbor verbally ceded the use of the driveway to me even though out mutual boundary line runs right down the center of it. I've never had a problem with my neighbor about it, but the realtor said it may matter to a potential buyer or if the adjoining property is sold at some point. Here is an aerial view of the situation:


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## Pepper (Dec 7, 2021)

I think it's important.


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## debodun (Dec 7, 2021)

Street view - neighbor built a  stockade fence along the edge of the driveway on his side. He couldn't very well build it down the middle, but you can see at the far end (closer to the houses), it juts out and continues along the correct boundary.


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## Gaer (Dec 7, 2021)

Distinguishing property lines are essential.
When I owned a home in San Diego, a shallow rooted tree by my driveway fell and busted my neighbor's garage.  They insisted i pay for it, but the initial property line showed the tree was on their own property.
The Real Estate agent is just doing her job.  
Take it easy.  No drama here.  All is well.


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## JustBonee (Dec 7, 2021)

Anyone buying the property next door isn't going to want to be paying taxes on their property that you are using as a driveway.  
 It is  quite obvious from that picture.


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## hawkdon (Dec 7, 2021)

uh-oh....


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## Remy (Dec 7, 2021)

Yes, it is an issue. Right now you have neighbors who are fine with it but new owners in that house next door potentially could have an issue. This will have to be disclosed and at some point, new owners may have to move the driveway over.


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## RadishRose (Dec 7, 2021)

debodun said:


> the realtor said it may matter to a potential buyer or if the adjoining property is sold at some point.


Sounds like you answered your own question as to why.
Ask her what she thinks should be done about it.

You may need to consult your attorney about possibly obtaining an easement.


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## John cycling (Dec 7, 2021)

You probably have an easement for the driveway, which is why it was put there in the first place.
Regardless, considering all the years that have passed, there is nothing that could be done to change it at this point.

If the agent is worried about it then she could check the history, and consider the fact of how long the driveway has been there.
Then she should open her book of real estate law, where this type of issue is likely spelled out quite clearly.


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## bowmore (Dec 7, 2021)

RadishRose said:


> Sounds like you answered your own question as to why.
> Ask her what she thinks should be done about it.
> 
> *You may need to consult your attorney about possibly obtaining an easement.*


Absolutely! Have the attorney draw up the papers and have the easement recorded. It may cost some $$, but it is well worth it to prevent a headache when you sell. 
Open up those tight purse strings!


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## JustBonee (Dec 8, 2021)

Lucky you  had such understanding neighbors all these years  ...    Future owners  will have issues with the situation,   and no doubt,  it  will need to be addressed  before you sell your  property.


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## helenbacque (Dec 8, 2021)

A survey and title search will tell the legal story of the lot lines and should be a part of any sale.  Do both now and avoid problems later.


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## WheatenLover (Dec 10, 2021)

She may be worried because of adverse possession. 

*Adverse* *possession* is a doctrine under which a person in *possession* of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the *adverse* possessor is in *possession* for a sufficient period of time, as defined by a statute of limitations.


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## HoneyNut (Dec 13, 2021)

John cycling said:


> Then she should open her book of real estate law, where this type of issue is likely spelled out quite clearly.


I agree with this.  In Colorado there are laws about fence lines establishing property boundaries.

I don't understand how these things happen, you'd think surveyors would be better, or maybe it is from continental drift!  I lived in one house that when we were selling it, turned out that the properties were offset by 20 feet from where they should be, we had to get neighbors on both sides to sign something.  But on one side the neighbor wouldn't sign for a little piece in the front of the property, no idea why not though, but everyone was okay with that.
My current house had the survey post at a particular spot but when the neighbors bought the land next door the new survey moved it maybe a foot.  I was a little worried that they would expect me to move some of the existing fencing but they haven't ever said anything.


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## JB in SC (Dec 23, 2021)

HoneyNut said:


> I agree with this.  In Colorado there are laws about fence lines establishing property boundaries.
> 
> I don't understand how these things happen, you'd think surveyors would be better, or maybe it is from continental drift!  I lived in one house that when we were selling it, turned out that the properties were offset by 20 feet from where they should be, we had to get neighbors on both sides to sign something.  But on one side the neighbor wouldn't sign for a little piece in the front of the property, no idea why not though, but everyone was okay with that.
> My current house had the survey post at a particular spot but when the neighbors bought the land next door the new survey moved it maybe a foot.  I was a little worried that they would expect me to move some of the existing fencing but they haven't ever said anything.


We had surveys run on several properties, older surveys didn’t always place corners correctly or they were moved or paved over. Pins are routinely moved by developers and more often the pin that is thought to be a property boundary is not correct. I had four corner pins made using bronze markers with rebar going down four feet. A neighbor won’t be pulling those up. My late father used cut down rails from the local railroad, they ain’t going anywhere either.


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## debodun (Dec 24, 2021)

There may be a regulation where after a certain amount of time, after I've maintained and used that narrow strip, it may be relegated to my property. I suggested that to my attorney when she called me last week.


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## Colleen (Dec 24, 2021)

I would get a survey done. We had to do that at a previous residence. Our neighbor got mad at my husband because my husband was mowing the grass on his (neighbor's) property. We spent the $600 and it showed that my husband was not mowing on his property.


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## Colleen (Dec 24, 2021)

debodun said:


> There may be a regulation where after a certain amount of time, after I've maintained and used that narrow strip, it may be relegated to my property. I suggested that to my attorney when she called me last week.


Do you have some legal document stating that?


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## Chet (Dec 24, 2021)

I had the same situation when looking for a house. The house was built on what was once the property of the neighbor who had a new deed made so his son could build a house next door. The son built the house and added a driveway later but that piece of land for the driveway wasn't his in the new deed.


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## debodun (Dec 24, 2021)

Colleen said:


> Our neighbor got mad at my husband because my husband was mowing the grass on his (neighbor's) property.


I wouldn't complain about that! They could mow my WHOLE lawn.


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## debodun (Dec 24, 2021)

Colleen said:


> Do you have some legal document stating that?


That's what I am paying an attorney to settle.


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