Real Estate Blog for Palo Alto, Mountain View, California, and Surrounding Communities

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February 2007

• Feb. 19, 2007 - Property Boundaries, or Where to Draw the Line

Disputes about property boundaries are among the most common lawsuits between neighbors in California. Such disputes can be vexing at best, or tragic in the worst situations. Such was the case recently when a homeowner in Carmel Valley shot his neighbor and the neighbor’s wife over just such a boundary dispute. I don’t know how it started, but these were educated, successful people… the murdered couple were both attorneys and the neighbor who shot them was a geophysicist….. who should never have let their dispute become so contentious.

Most people assume that the fence along the back and the sides of their house defines the property boundaries, but fences are commonly off the mark by several inches to several feet. The reality is that most of the time it simply does not matter. The fence may be replaced several times without anybody questioning whether it is exactly where it should be so long as both parties get to use and enjoy the portion they presume to be their yard.

Disputes frequently arise when somebody needs more space. This commonly occurs when a neighbor decides to expand their home and the city requires a survey. The survey may indicate that the fence really should be 3 feet closer to the neighbor and the fun begins. This is especially true if that extra three feet or so would put the property into a different category…. one with a7000⁺ sq. ft. lot as opposed to a 7000^- sq. ft. lot. A few square feet of lot size may mean the neighbor can add 200-300 more sq. ft. to their proposed development, so it can become very meaningful.

The gracious thing to do, of course, is to concede and help to move the fence. But sometimes neighbors don’t really want the house next door to suddenly become gargantuan, so they may object and decide to have their own survey. Now one would think that would be the end of it. Surveying is supposed to be an exact science, so the surveys should agree. The sad truth is that they frequently don’t, especially if the surveyors cannot locate the “monuments” as described by the original surveyors. If the starting points differ, you can be sure the ending points will differ as well. Here come the attorneys!!

Things are even more complicated outside the city boundaries. I always warn my clients, DO NOT assume the fence follows the property lines. If you have any questions at all and if it is important to you, go ahead and get a survey before you buy the house. This is especially true if the buyers are planning to remodel. If there are differences, it is best to approach the neighbors to see if they will agree to let you move the fence or whatever else is necessary so the house can perform the function you are buying it for.

Murder and mayhem represent the extreme end of any property dispute, but nobody wants to be on a bad footing with their neighbors, and an ounce of prevention is definitely worth a pound of cure.

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• Feb. 3, 2007 - Be Prepared

It happened again!! A first time buyer who recently relocated to this area called me about a house that had just come on the market. We went to see it and it seemed perfect!! It had the desired number of bedrooms and bathrooms, a good floor plan, and an ideal location. It appeared to be in good condition. And best of all, it was in my client's price range. But they didn't get the house!!

In fact, my clients did not even submit an offer for the house, even though they knew and I knew that this kind of opportunity does not come along every day. The problem was not with the house. It was because they were not prepared.

I had contacted them several times to ask if we could meet so that I could review the purchase contract and the basic disclosures with them and explain exactly how this market works, what they should expect, and what would be expected of them. I make it a practice to do this with all of my clients as early in the process as is possible. Unfortunately, in this case we never did get around to it. There were always reasons why we could not meet ..... we are all very busy people, and when you try to juggle family life with jobs and then add in extras (like buying a house) it can be overwhelming. However, when faced with the huge pile of disclosures and inspections, not to mention the actual purchase contract and the short time period in which they had to absorb all of this, my clients simply just could not do it. They were not prepared. And it is a shame.

It does not matter if you are a buyer or a seller. As soon as you start thinking about making such a big move, you should start to prepare for your journey. For buyers, many of the disclosures are generic and non property specific. Those can be reviewed ahead of time so the only new disclosures when you do find a property are the property specific ones. Also, the contract consists of 8 pages of fine print. It is important to understand all of it, and 1 hour before offers are due is not the time to do this. For sellers, there is a lot of preparation prior to putting your house on the market. If you can spread this out over several weeks or months, it is much less stressful.

"Be Prepared." The boy scout motto we are all so familiar with applies to many faucets of our lives, including the buying and selling of real estate. So, do yourself a favor and start a conversation early with the Realtor® of your choice. You will be happy that you did!!

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