Ask your attorney find a possible resolution--what is your agent advising you to do, and I hope you have one.

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
631-467-0009

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!

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.

It may be a situation where the seller simply does not have the money to fix the fence. One option would be to get a couple of estimates to correct the fence, then ask the seller to pay the average of the repairs into an escrow account at settlement. Once the fencing company makes the corrections, the funds could be released from escrow to pay the contractor. If the seller does have the money but is just refusing, it comes down to if the seller is willing to let the deal fall apart over the fence, or if you are willing to move forward even if the seller does not correct the issue.

Good Luck!

Brent Mullins
RE/MAX Commonwealth
http://www.SearchRichmondRealEstate.com
http://www.ForeclosureHelpInRichmond.com