Is it Real Estate Fraud?

[rmowery8699]

Is it real estate fraud to list a house where the homeowner has fenced in another persons property as part of their own?

[Bob Crain]

First, this is not a legal opinion

But, If you disclose what you know about the property (in writing) and then (in writing) suggest that all potential buyers get the property line surveyed then what more can you do?

If you don't do this then you are asking to be sued.

[rmowery8699]

Thanks Bob
The reason I asked this question is because our neighbor listed their property for sale and advertised their home with a privacy fence. This privacy fence was knowingly built well onto our land. We had a survey done to show this fact & now are wondering if it was illegal on their part knowingly or unknowingly to list their property as such.

[gregharaksin]

if it's on your land, i think you should paint the side facing them pink.

[jamesww]

Thanks Bob
The reason I asked this question is because our neighbor listed their property for sale and advertised their home with a privacy fence. This privacy fence was knowingly built well onto our land. We had a survey done to show this fact & now are wondering if it was illegal on their part knowingly or unknowingly to list their property as such.

This is not legal advice. You need to object to the encroachment right away via attorney. There are a number of laws that can allow them to eventually make claim to your property in certain states.

[gregharaksin]

true

[Bob Crain]

I would agree that you should contact a local real estate attorney.

The questions the attorney will ask you are:
1. How long has the fence been up.
2. Did you give them notice that it was on your land.
3. What steps have you taken to Make Sure they Understand that they are enchroaching on your land.

P.s. How far over on your land is the fence? 1/2 inch, several feet, or a lot more?