Home Buying in 11787>Question Details

Breezy7018, Home Buyer in 11787

we are under contract and recently found out that the fence is illegal.

Asked by Breezy7018, 11787 Tue Aug 18, 2009

We requested that the seller take the steps necessary to get the fence made legal since she is the one who put it up. She has refused to pay for the costs in legalizing the fence. What should we do? We DO NOT have the money to cover this.

Help the community by answering this question:


your title company may not care if the fence encroaches slightly on your neighbor's yard. Fences are temporary, and can be moved, and will be moved the next time it's rebuilt. Average life of a wood fence is 10-15 years.

Unless your neighbor is complaining and asking that the fence be remedied, I wouldn't give this problem a lot of weight.
1 vote Thank Flag Link Tue Aug 18, 2009
Alan May, Real Estate Pro in Evanston, IL
If you accept the house with the fence as it currently exists, and if it truly is illegal as is, then the town could eventually hold you responsible to correct the issue. If your attorney cannot come up with a solution, and you really want THIS house, then you need to decide if you’re willing to take the house with this blemish. If you want the house, but not the risk, hire a handy man to rip it down. That doesn’t cost much at all.
0 votes Thank Flag Link Mon Aug 19, 2013
Work with your attorney and agent. There are options available to resolve the issue. The solution might be a escrow of funds to correct the issue at the closing. This way the home can close and the seller can handle the cost of the fence repairs from the proceeds of the sale. Fence problems are not uncommon and the attorneys should be able to resolve the issue for you.
0 votes Thank Flag Link Sat Feb 13, 2010
What exactly is the problem... asking your attorney who may not know anything about the local,village guidelines on fences would be a waiste of time! Call the town yourself to get it from the horeses mouth!!

0 votes Thank Flag Link Thu Feb 11, 2010
Ask your attorney find a possible resolution--what is your agent advising you to do, and I hope you have one.
0 votes Thank Flag Link Thu Aug 20, 2009
My first question is where's your lawyer in this? He/she should be able to tell you exactly what your rights are. If the fence is on your neighbor's property and the neighbor doesn't care, then it's a moot point because then it becomes your neighbors fence and not yours. If the local code doesn't allow fences, you can take it down. More than likely the sale will not be stopped because of the fence. Again, talk to your lawyer. Good luck with your new home.

Ralph Windschuh
Century 21 Princeton Properties
0 votes Thank Flag Link Tue Aug 18, 2009
I agree with Alan below, don't lose sleep over it. It can be changed later on, and I highly doubt the title company will stop the transaction because of this.
Good Luck!
0 votes Thank Flag Link Tue Aug 18, 2009
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