I just got a letter from my neighbor’s attorney. They are selling
their house, and their yard has a fence around it. From the map that I
got some of the fence is on their land, and some are on my land. My
neighbor and I pretty much knew that the lines were not straight, but
there’s a hill, and it’s just easier to take care of both yards where the
fence is. They want me to sign an Agreement about the fence, how will
this effect me?
What you have received is called a boundary line agreement. Basically
the Agreement will be filed in the Clerk’s Office, along with the survey
map. The Agreement will allow the fence to remain where it is, but will
state that both of you agree that the fence is not the boundary line, that
the lines on the survey are the correct lines.
By you signing this, you are also helping yourself, because when you go
to sell your house there will be questions about the fence, and you will
be able to show that you already have an agreement, and that will answer
the fence question for you, without you or your Attorney having to send a
letter to your neighbor.
Accompanying the agreement will be two forms. They are called capital
gains affidavits, and there are two of them. One with you transferring
your understanding of the line to your neighbor and one with your neighbor
transferring their understanding of the line to you. Now the form
requires your social security number. If you are uncomfortable with
inserting it, write refused in the section. Because no money is being
changing hands, no one needs to know that.
The Agreement will be recorded in the Clerk’s Office. When ever anyone
reviews the title to your property, they will find the agreement. In the
agreement you both agree that if the fence comes down, it will only be
replaced upon land owned by your neighbor. And if the fence is inside of
their land, you agreement that you will not claim the land between the
actual boundary and the fence.
If you need further explanation you can also call your own attorney to
go over the agreement with you.
This is a general answer to a general question. Each issue has their
own questions, contact your Attorney for your specific needs.
If you have a question for Attorney Kukuvka, please send it to her at
330 E. Main St, Palmyra, NY 14522 or e-mail to cklaw@verizon.net.