Expert: Jim Root - 11/11/2007

Question
QUESTION: Hi, we own 30 acre aparcel of land completely fenced with wire. We have had cattle on this land for 25 years. On one side there are 5 lots side by side and were all given to children in 1952, all the property lines were straight down the fence line. UNTIL..one was sold recently. A builder bought the house and property to re-sell after renovations. After he finished the reovations, 8 months after the purchase, he had the property surveyed and had the surveyor go beyond the fence line about a 1/4 of an acre to add footage to his property. He also had the line drawn on one side up to the adjoining properties house. He has sent us letter asking us to take down the fence. Are there any laws in Virginia pertaining to boundary lines and fence. We have paid taxes on this land for 25 yrs. He has also said he will not take any land on the side that would affect the elderly woman that lives there. Any advice? Thanks.

ANSWER: Carole--When the Builder resurveyed did he find that he actually owned about 1/4 acre more than you & he originally thought the property encompassed--or is he trying to get a free 1/4 acre more from you now? This is unclear to me & it makes a BIG difference! If he actually/legally owns the extra 1/4 acre his request or order of you to take down a fence MIGHT be "enforceable!" If he's just trying to "get" 1/4 acre more,you MAY be in a position to SELL or NOT SELL it to him!If his request is based upon his having "accidently" built across the property line when renovating the House, and into a parcel he DOESN'T own, that's a whole different story! WOW! You ask if there are any laws in Virginia pertaining to boundary lines & fence(s)--and I'm sure there are. Actually, I think you need to contact a local REAL ESTATE ATTORNEY, explain all the details of this situation with him/her, find out just what you must legally do--or not do--and "go from there!" So, that's my advice--Consult with a Lawyer & let him or her give you legal advice on how to handle this situation! Good luck to you,your family members AND the elderly woman that lives nearby!An Attorney should keep you all "safe!"--JIM ROOT

---------- FOLLOW-UP ----------

QUESTION: Thanks for your reply. I realize I didn't fully explain. The builder read his deed after he had purchased and closed. He is reading one part of the deed stating so many ft. But he is ignoring the pins and landmarks on the deed. the pins and landmarks are still in place. Along the same line as all the other houses. He had the first survey done without the surveyor looking at the deeds. Old and new. It was done backwards. It was on the wrong property altogether.
A new one was done according to where the builder told him, not the deeds description and pin marks. He still has not recorded the survey in the courthouse. I check every week. So it would seem to me that he is bluffing and trying to get us to take a fence that should never come down anyway. The surveyor told me himself he did not check the deeds. I thought this might be a unique situation for you. Thanks.

Answer
Carole--I suspected something like what you've just described! This situation COULD end up with you & the Builder IN COURT over LEGAL ownership of a parcel of land that MAY or MAY NOT have been accurately described in the Documents that transferred ownership from you to the Builder.Did you have an ATTORNEY obtain a Title Search/Policy & Close the Sale? Such a "Closer" should bear some responsibility for the accuracy/consistency of transfer of ownership documents--and that both parties understand! Did you & the Builder EACH have your OWN Lawyer involved in the transaction? If so, each Attorney is responsible to his/her Client for a "smooth" transfer of ownership!

NOW HAVING READ YOUR EXPLANATION,CONSIDERING WHAT APPEARS TO BE CONFUSION OVER WHERE THE PROPERTY LINES ACTUALLY EXIST, THAT MAY HAVE BEEN CREATED BY MISUNDERSTANDING & INCONSISTENCIES/INACCURACIES IN THE CLOSING DOCUMENTS,I FEEL IT"S EVEN MORE URGENT THAT YOU SEEK LEGAL COUNSEL ON THIS MATTER! DON'T WAIT UNTIL THE BUILDER "ATTACKS" YOU--GET YOUR OWN LAWYER (NOT THE CLOSING ATTORNEY IF HE/SHE REPRESENTED YOU B-O-T-H. YOU NEED A LAWYER WHO SERVES YOUR BEST INTERESTS!)TO GUIDE YOU A.S.A.P!

Sorry, I didn't mean to YELL, but I really; feel strongly about your getting legal guidance on this matter;I've seen issues like this get "really ugly" before!And I don't want to see you "damaged" by this!  Good Luck--JIM