The fence was installed about 6-7 years ago, and properties in this development are approx. 17 years old. I would like to sell my property within a year and don't want this boundary dispute to prevent a sale or become an adverse possession.
You should contact a local attorney as soon as possible to review all of the deeds and plans on record as well as the survey you have had done. This could turn into a serious problem during your sale and could either postpone or prevent a sale. If the fence was in place prior to you purchasing the property you may want to contact your title insurance carrier if you purchased owners title insurance.
You have a local attorney review the details and then talk with the neighbor and hopefully come to an agreement. Then the dispute maybe settled before you sign a listing agreement with a disclosure.
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The encroachment is a serious matter and needs to be addressed properly and expeditiously. You should consult with an attorney as soon as possible. A potential buyer of your property will have serious concerns with your title near the encroachment (and may be advised by his lawyer to abandon the purchase).
Adverse possession is a concern and your lawyer will need to report the encroachment to your neighbor and assert your claim to ownership. Your lawyer may seek a remedy for the past trespass on you land. Your lawyer will also consider all options to provide remedies for any future trespass to your land. Good luck and sorry for your headache . . . .
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