Fence is 20 Feet Off the Property Line

[10243406]

My question involves personal property located in the State of New York:

Person A and Person B own adjoining tracts of land divided by a fence that has been in place since 1978. In order to obtain a bank loan Person A has a survey made of his land and discovers that the fence is twenty feet off the property line. Person A and Person B cannot agree to move the fence and end up in litigation. What is the likely result of the suit?

[jk]

2 pissed off neighbors and 2 attorneys with new boats.

If you are going to ask homework questions, you might at least include enough info to be able to come to some reasonable conclusion. You need to state who owns the fence A or B. Whose property is it on A or B.


but the real answer is: the fence is irrelevant to the issue unless the property sectioned off by the fence is subject to a claim of AP or PE by B and B intends on asserting that claim. Other than that, the placement of the fence makes no issue regarding the refinancing.