Condo vs. PUD

A condominium is a type of ownership, usually in a multi-unit structure whereby the purchaser receives all of the following:

• Ownership title to a unit
• A proportionate interest in the common area (may have exclusive use of certain limited common areas)
• A condominium is considered a:
  • Low-rise if the project has a maximum of four stories
  • High-rise if the project has five for more stories.
• HOA – Insurance Policy covers the exterior of the building
  • Clients need to purchase a H-06 Policy (condo/contents only)

A Planned Unit Development is a comprehensive development plan for a large land area.  The dwelling may be attached or detached.  The purchaser receives all of the following:

• Ownership title to a unit and a parcel of land immediately located beneath the dwelling
• A proportionate interest in the common area (may have exclusive use of certain limited common areas)
• Buyers need to purchase a full Home Owners/Hazard insurance Policy to cover exterior and interior of the property
• Most common example is a Fee Simple Town Home

Homestead Exemption 2017

Happy New Year! If you purchased a new (primary residence) home last year, it is now time to file for Homestead Exemption if you have not done so already. According to Georgia law, if you purchased your home between January 1, 2016 and December 31, 2016 you may be eligible to claim a Homestead Exemption, which will reduce your property taxes. The following is county­-by-­county contact information and deadlines for filing Homestead Exemption. Be sure to confirm eligibility and requirements with your county of residence.

CHEROKEE:                      2782 Marietta Hwy, Canton                 678­-493­-6120

      File Dates: By April 1, 2017

You must file in person. Bring a copy of driver’s license & warranty deed.

www.Cherokeega.com  

Office Hours: M-­F 8:00am-­5:00pm

CLAYTON: 121 S. McDonough St, Jonesboro

      File Dates: By April 1, 2017

New property returns should be made in person with recorded copy of Warranty Deed and Settlement Statement. Address changes should also be made during this period. A valid Georgia's Driver’s License with correct home address required. 

www.claytoncountyga.gov/departments/tax­commissioner/exemptions.aspx

Office Hours: M-­F 8:00am-­5:00pm

COBB: 736 Whitlock Ave, Suite 100, Marietta                                770­-528­-8600

        4400 Lower Roswell Road, Marietta

        4700 Austell Road, Austell

File Dates: By April 1, 2017

File by mail or in person. Provide warranty deed, identification, your license tag number and

name of current mortgage company. Most new property owners will receive a form by mail or may be requested after January 1. 

www.cobbtax.org

Office Hours: M-­F 8:00am-­5:00pm

DEKALB: 4380 Memorial Drive, Suite 100, Decatur               404-­298­-4000

                1358 Dresden Drive, Atlanta

                2801 Candler Rd Suite 66, Decatur

File Dates: January 2 – April 1, 2017

Apply online or by mail ** Should receive information in the mail sometime in January, if not call. Return by certified mail with a copy of your warranty deed.

www.co.dekalb.ga.us/taxcommissioner

Office Hours vary by location so call or check website for details

FORSYTH: 110 East Main Street, Suite 260,                                 770-­781­-2106 

                        Forsyth Administration Bldg., Cumming, 30040

        File Dates: By APRIL 1, 2017

You must file in person. Bring a copy of driver’s license (address must match property address) & recorded warranty. Only those whose name(s) appear on deed can file. Download the Form

www.forsythco.com

Office Hours: M-­F 8:30am-­5:00pm

FULTON: 141 Pryor Street, Suite 1047B, Atlanta                         404-­612­-6440

                        7741 Roswell Road NE, Suite 261, Sandy Springs 404-­612-­6440

                        3155 Royal Drive, Suite 175, Alpharetta                 404­-612­-6440

                        5600 Stonewall Tell Rd, Suite 224, College Park         404­-612­-6440

        File Dates: By APRIL 1, 2017

File online, mail or in person. Requires copy of your photo ID, car tag number, social security number for self and spouse. You may be able to file by mail ONLY if your

deed is already in the system.

www.fultonassessor.org

Office Hours vary by location so call or check website for details

GWINNETT:       75 Langley Drive, Lawrenceville (1st floor)                   770­-822­-8800

         File Dates: By April 1, 2017

Should receive information in mail by end of January or call after February 1st to request an application by mail; to file in person, bring your warranty deed. Or apply online.

www.gwinnetttaxcommissioner.com

Office Hours: M-­F 8:00am-­6:00pm

HALL:                 2875 Browns Bridge Rd, Gainesville                              770-­531-­6720

                        You may also Fax to… 770-­531-­3968

File Dates: Before April 1, 2017

Tax Assessor's Office mails to property owners for the current tax year. You must be living in

the property as of January 1 to qualify. Call if not received

www.hallcounty.org

Office Hours: M-­F 8:00am­-5:00pm

Please note that the above phone numbers, addresses and dates were verified as of October 2016. The locations and dates are subject to change without prior notification to our office. Please be sure to contact your county for thorough information and requirements.

Home Maintenance Checklists for Every Season

Home Maintenance Checklist – Summer Tips

This Summer home maintenance checklist offers tips and advice to keep your home’s systems–especially your air conditioning–in good working order during hot Summer months.

1. Change/clean HVAC air filters.
2. If applicable, have your septic tank system inspected to assure that it is in good working order.
3. Have lateral sewer lines inspected and cleared.
4. Inspect driveways, sidewalks, patios, bricks, and other concrete or stone surfaces for cracks. Repair as needed.
5. Remove hair from drains in tubs, sinks, and showers using drain cleaner that is appropriate for your system.
6. Inspect decks, steps, and wooden structures for wood rot and other damage. Make repairs as soon as possible to minimize further complications.
7. Weatherproof all wooden surfaces if it has been two years or more since you last did so.
8. Check eaves around your home’s roof, chimneys, caps, etc. Remove flying insect nests. Fix any damaged areas.
9. Test ground-fault circuit interrupters around your home. Examine electrical cords for wear.
10. Inspect washer hoses and dryer vent system.

Home Maintenance Checklist – Winterize Your Home

Our Fall maintenance checklist offers tips and advice to winterize your home’s systems and make sure they are in good working order during the upcoming Winter months.

1. Have your heating system professionally inspected.
2. Change/clean HVAC air filters. Use a vacuum with a brush attachment to clean out forced air registers and ductwork in your house.
3. Check the weather stripping around your exterior doors and windows. Repair gaps or other damaged areas.
4. Inspect the caulking around the exterior doors and windows. Reapply if necessary to minimize drafts and keep insects out.
5. Properly “close” your pool. Make sure water is drained from pipes, and cover your pool to keep it clean and safe during the off-season.
6. Clean your chimney and fireplace to minimize chances for fire-related problems during Winter.
7. Inspect your roof for damaged shingles, flashing, skylights, dormers, etc. Repair as needed.
8. Inspect attic and basement for signs of birds, squirrels, bats, and unwanted guests. Seal entrance holes.
9. Drain water from outdoor faucets, garden hoses, and underground sprinkler systems to minimize freeze damage.
10. Insulate pipes outside the home and in unheated basements and garages.

Home Maintenance Checklist – Winter Tips

Below is a home maintenance checklist offering tips and advice to keep your home’s systems in good working order during Winter months.

1. Test your smoke alarms and carbon monoxide detectors. Replace batteries and any damaged equipment.
2. Take fire extinguishers to a certified inspector to make sure they function properly.
3. Change/clean HVAC air filters.
4. Check faucets in your kitchen, bathrooms, basements, etc., for leaks and other problems. Clean the lint out of your clothes dryer vent.
5. Check refrigerator and freezer gaskets. Place a dollar bill on the seal then close the door; if the bill easily moves, the seal is not working properly.
6. Use a vacuum with a brush attachment to clean coils on the back of your refrigerator and freezer.
7. Flush water heaters to remove sediment and improve efficiency.
8. Dye test toilets and repair identified leaks.

Home Maintenance Checklist – Spring Cleaning Tips

Below is a home maintenance checklist offering Spring cleaning tips, and advice to get your home’s systems in good working order for the upcoming warmer months.

1. Have your air conditioning system professionally serviced.
2. Change/clean HVAC air filters.
3. Clear debris from around the outside of air conditioner, removing the cover, if applicable.
4. Inspect windows and doors to make sure they function properly. Replace if necessary.
5. Check putty around windowpanes and weather stripping around windows and doors. Fix as needed.
6. Check window and door screens. Replace or repair as needed.
7. Check locks, latches, and hinges on your doors and windows. Replace or repair as needed.
8. Trim back trees and shrubs as needed to eliminate overhanging branches and to improve curb appeal.
9. “Open” your pool for the swimming season. Make sure your pump and filtration systems work effectively, and that your chemicals are balanced.
10. Pressure wash your home’s exterior, and apply touch-up paint as required to address paint failure.
11. Remove leaves, small branches, and debris from gutters, downspouts, and down-spout extensions so that water properly drains away from your home.
12. Look for sagging or otherwise damaged gutter components. Repair if necessary.
13. Inspect your basement or crawlspace for dampness.
14. Turn on water to outdoor faucets, turn on irrigation system, and check sprinkler heads. Make needed repairs.
15. Clean the screens on roof vents and louvers.
16. Examine caulking around sinks, tubs, and showers. Reapply if necessary.
17. Remove early signs of bird nests and stinging insect nests from eaves, ledges, etc.
18. Check foundation walls and wooden areas at or near ground level for signs of termites and other wood-boring insects

The Low-down on Zillow (and other public search sites)

A recurring discussion in my line of work - with both clients, friends, and other agents - is Zillow and the infamous "Zestimate" that they have marketed so brilliantly to the public.  There was a great article written recently about just this, which delves into what this and other public real estate sites can offer you.  I can't begin to tell you how many times a client has emailed me about a home they saw for sale on one of the public sites, only to find out when I look in our MLS that it sold weeks ago.  Or even more common - the Zestimate they see online is a widely inaccurate estimate of their home's value.

Don't get me wrong - the public sites are a good tool for many things. They are a quick way for a consumer to find out what a home last sold for as well as community information regarding demographics, schools, and crime rates. However, they are not particularly great at doing what they claim they are made for, namely helping the public to search for a new home. That's what a Realtor is for!

A good Realtor can quickly set you up with a custom search site that pulls directly from the MLS and therefore is both accurate and up-to-date. Likwise, the only way to get an accurate idea of the value of your home is to have an experienced and knowledgeable agent create a Comparative Market Analysis for you, which is specific to your unique property. Plus we can also provide everything the public sites are decent at with regards to community info, sales history, and market trends.

So all of this is to say: if you would like information about your home's value or you are just interested in what your neighbor's home sold for, contact a Realtor! We are more than happy to help - it's our job, after all!

For Sale By Owner: Things to consider before going this route

Trying to decide between selling your home on your own as a for sale by owner or choosing a full service Realtor like myself? Do you have a potential buyer interested in purchasing your Atlanta area home? 

Before you make the jump and decide to do FSBO, ask yourself these questions to avoid costly mistakes: 

• Have you already met with an attorney to verify you are doing everything correctly? 
• Do you have the correct paperwork and forms to fill out for both seller and buyer or did you print random documents from the internet? How about mediation, what do you know about how this impacts your sale? 
• Are you familiar with the term "Seller's Disclosures" and know where to find them, how to properly fill them out, and what the law requires?
• Are you familiar with title companies, what fees they charge you and how they prorate taxes? 

If you answered "no" to any of these questions, you may want to consider hiring a professional Realtor who has knowledge in housing transactions. You may be thinking as a for sale by owner you will save money, but ask yourself: why are you not considering hiring a Realtor to help you? 

Here's the advantages of hiring a professional: 

• We have access to so many more marketing tools than you do. Here in Atlanta, we have not one but two MLS systems that all full-service Realtors use (this program feeds out listings to housing websites on the internet and other real estate companies in the area); as a FSBO you have no access to these systems and no way for other agents to find your home when performing searches for their buyers. In addition, I know that I personally spend thousands of dollars a year to make sure that my listings are promoted on every available real estate website, jump to the top of Google searches through smart search engine optimization, and are featured with beautiful, professionally designed marketing pieces. 
• My agency has money to advertise your home in the paper, magazines, brochures, local news, radio, and TV. RE/MAX owns the largest market share of TV and radio voice not just in Georgia, but nation-wide as well.
• Companies such as RE/MAX are more reputable and well known by prospective buyers, and people will trust a brand name agency over private homeowners. The RE/MAX Balloon is as recognizable as the Nike Swish!
• For sale by owners increase their chances of engaging in "dispute resolution" after the closing. What does this mean? If the new owner finds something wrong with the house (water damage, leaks, etc), they can sue you and take you to court, particularly if you mishandled that "seller disclosure" piece I talked about earlier. At this point, you will need to hire an attorney and pay out of pocket costs at your own expense. On the other hand, Realtors are insured and also have access to their company attorneys. 
• Convenience - what do you know about scheduling buyers to tour your home? How will they gain access and what security measures do you have in place? Have they been pre-approved for a loan to buy the house? If the potential buyer is not pre-approved for the price of your home, then they are wasting your time. 
• FSBOs historically are much more likely sell their property under value, both because they are unable to properly price their home from the beginning and because they lack the negotiation skills and training that a Realtor has spent years perfecting. According to the latest Keeping Current Matters article this month, for sale by owners sell their house substantially lower than if they worked with a Realtor
• Although you may be frustrated with paying for an agent's commission fee (the Atlanta average is 6-7% of the sales price, which is split between the Buyer's and Seller's agents), you still may earn more profit in the long run and it will certainly be a much easier and more stress-free process with a professional doing all the work.

If you have been thinking about selling your home (or have a neighbor interested in purchasing it), contact me today to discuss what I can do for you, and how the services I provide will help you to sell your house with the least amount of stress possible while also achieving your financial goals!

Millennial House Hunters Say Forget the Pool—How About a Backyard Pizza Oven? ​

Every generation has different wants, needs, and priorities when it comes to home shopping. Here's the scoop on what Millennials are looking for:

If you’re looking to upgrade your backyard this spring with an eye toward putting your house on the market, millennial house hunters might have an unusual request.
“They’ll ask, ‘Where’s your backyard vegetable garden?’” said Mary Hutchison, a real-estate agent with Better Homes and Gardens Realty in Kansas City, Mo. 

While homeowners customarily have taken advantage of good weather in springtime to add such backyard upgrades as patios or pools, Hutchison said millennial owners and buyers are going in a different direction. “They’re making their own pizza outdoors with vegetables they grow in their garden,” she said. 

About 32% of millennials plan to buy homes over the next two years, compared with 25% a year ago, according to the American Express spending and saving tracker, which surveyed 1,800 adults in February. 

In addition to landscaping and other backyard improvements, popular items this year with millennials include smart doorbells with cameras and electronic exterior locks that can be accessed only with a code and remotely locked and unlocked via smartphone, according to Sabine Schoenberg, a real-estate agent and luxury builder in Greenwich, Conn. 

Of course, it’s not just the 23- to 34-year-old generation that’s upgrading backyards and exteriors this spring; according to Houzz.com, an online database for residential design, 75% of all homeowners who are planning outdoor projects in 2016 will start in the backyard.

Read the rest of the article here!

6 Things You Need to Know When Buying Home Insurance

Whether you’ve just begun searching for a new place or you’re waiting to close on your dream home, one important aspect of moving you can’t ignore is insuring your investment.

Enter the homeowner’s best friend: the homeowners insurance policy.

Just like any other kind of insurance, there’s no such thing as a one-size-fits-all policy. Home insurance policy costs typically depend on the home’s location and age, the size of the deductible, and the coverage level. You’ll have to look at these and other variables to figure out what kind of home insurance is right for you—and how much you’ll shell out for it.

To make sure you purchase the perfect policy that fits your budget and coverage needs— and to avoid potential pitfalls—we’ve pulled together a list of the most important things you should consider. Let’s take a look.

1. It’s all about location, location, location

Along with size, construction type, and overall condition of the house, location plays a big role in the cost of insurance and types of policies available. But unlike home buyers, insurance companies aren’t checking out school districts, awesome nearby restaurants, or your commute time.

But others factors do come into play. Homes located near highly rated, permanently staffed fire departments (and even fire hydrants), for example, may cost less to insure, says Loretta Worters, vice president of communications for the Insurance Information Institute.

And of course, proximity to the coastline is also weighed heavily. You’re likely going to pay a pretty penny for that idyllic spot near the coast.

“Because of the increased risk of catastrophic weather events resulting in claims, it will generally cost more to insure,” Worters says.

On top of a higher policy cost, coastal home insurance policies could include a separate hurricane or windstorm deductible based on the fees to rebuild a home.

2. You might want flood insurance—even if you think you don’t need it

Damage from flooding isn’t covered by typical home insurance policies. Any home located in an area prone to flooding requires separate flood insurance to cover these kinds of claims. (Flood insurance is available from the federal government’s National Flood Insurance Program as well as a handful of specialty insurers.)

Don’t live in a flood zone? Don’t assume you’re off the hook. Flood insurance may be a smart option for any homeowner, regardless of zoning—and if you’re not in a high-risk zone, you can probably snag some lower premiums.

“Ninety percent of all natural disasters in the U.S. involve flooding,” Worters says. “However, 25% to 30% of all paid losses for flooding are in areas not officially designated as special flood hazard zones.”

3. That goes for earthquake insurance, too

Californians aren’t the only ones who have to worry about earthquakes—in fact as many as 39 states have experienced tremors, according to data from the Insurance Information Institute. And the resulting damage usually isn’t covered by traditional home insurance policies.

Homeowners need to purchase an addition to their home insurance policy to cover

any earthquake-related claims. The cost varies by location, insurer, and the type of structure being covered as well as age of the building, Worters says.

4. Have a pool? Dive into extra protection

Ahh, your new home has a fabulous swimming pool and hot tub. Yay for you! We’d love to come over—but before we do, you should look into bumping up your liability insurance.

Liability coverage is the part of a home insurance policy that may pay court costs or other expenses if you’re found responsible for an accident, such as someone drowning or suffering a serious injury after doing a cannonball into the shallow end of your pool.

Another option: You can purchase an umbrella liability policy to provide a level of protection not typically available with standard home insurance policies.

5. Your home’s claim history matters—even from when you didn’t live there

Whether you’ve just begun your home search or lived in your home for years, it’s never too late to get familiar with your home’s claim history—and how it might be affecting your homeowners insurance rates.

It’s all summed up in a nifty database called the Comprehensive Loss Underwriting Exchange, or CLUE. Essentially the equivalent of a credit report for your home, the CLUE contains all kinds of records of insurance claims on the house.

That’s important to know because a claim filed for the property in the past five years could cause your rates to inch upward, even if you didn’t own the home at the time of the claim.

But take heart, dear home buyer—not all prior claims have a negative effect.

“Some recent claims can have a positive impact, because replacing a roof damaged by a windstorm could make the house more desirable to an insurance company,” Worters says.

If you’re looking to buy a home and want a copy of the CLUE report, check with the sellers (only the owner of a property may access its CLUE report). There’s no guarantee they’ll fork it over, but there’s no harm in asking. If you already own the home, you can get a free report from database giant LexisNexis.

6. A high deductible can really pay off

It should come as no surprise that you’ll want to shop around before committing to a policy. Compare the rates, deductibles, and coverage options of at least two to three companies to make sure you have adequate coverage for your situation.

Pro tip: Pay close attention to the size of your deductible.

“It’s recommended to opt for the highest deductible you can afford because most people only file a claim every eight to 10 years,” Worters says. “A higher deductible saves money year after year and encourages only using insurance in catastrophic situations when it’s truly necessary. And that also helps keep your costs affordable.”

(reprinted from Realtor.com)

ROI - Best and Worst Home Improvement Projects

I get asked all the time by clients "How much value will this add?" with regards to a home improvement or remodel. Generally speaking, I let them know that the only improvements that they will truly get all of their money back for when selling are new paint and new carpet.  These are relatively inexpensive items with a large impact - they immediately make a house seem fresh, bright, and new! 

Homeowners may have a long wish list of home renovations and projects, and sometimes it seems as if the work is never done. While return on investment (ROI) may not be the biggest consideration in a homeowner’s mind when deciding which projects make it to the top of the list, knowing which projects see the highest returns may be helpful in the decision-making process. If you have been thinking of making some changes to your home, you want to consider the following data when deciding where to put your money.

Happiness in the home can be a part of the ROI, but other cost vs. value factors vary by region and even by room. ROI, as defined in Remodeling’s 2015 Cost vs. Value report, can be broken down as the percentage of the estimated average cost of a renovation project that is projected to be recouped in resale value, as aggregated from real estate and appraisal estimates.

Been thinking of selling? Now is the time!

If you have considered selling in 2016, NOW is the time! With inventory levels at their lowest mark in over 10 years, listing your home for sale before the busy spring buying season will give you the most exposure to buyers and allow you to get the best price for your home.

The National Association of Realtors (NAR) just released their latest Existing Home Sales Report on Friday. Read more HERE. Contact me today to get a FREE Comparative Market Analysis of your home and decide if it makes sense to list!

Homestead Exemption 2016

FILING FOR HOMESTEAD EXEMPTION IN 2016

If you bought a home in 2015 and it is your primary residence, you should file for Homestead Exemption! Homeowners may need to provide their Warranty Deed book and page, proof of residence, social security numbers, driver’s license and car tag info. In most counties, to be eligible for the current year, you must have owned and occupied the property as of January 1^st.  If the property is located within city limits, the homeowner may be required to file with the city as well.

Gwinnett County – deadline is April 1, 2016            770-822-8800
http://gwinnetttaxcommissioner.publicaccessnow.com/homesteadexemption.aspx

Fulton County – deadline is April 1, 2016                 404-612-6440
http://www.qpublic.net/ga/fulton/basic_homestead.html

DeKalb County – deadline is April 1, 2016               404-298-4000
http://taxcommissioner.dekalbcountyga.gov/TaxCommissioner/pdf/homesteadinfo.pdf

Cobb County – deadline is April 1, 2016                   770-528-8600
http://www.cobbtax.org/property/exemptions

Clayton County - deadline is April 1, 2016             770-477-3311
http://www.claytoncountyga.gov/departments/tax-commissioner/exemptions.aspx

Cherokee County – deadline is April 1, 2016            678-493-6120
http://www.cherokeega.com/Tax-Assessors-Office/homestead-exemptions/

Henry County – deadline is April 1, 2016                 770-288-8180                 
http://www.co.henry.ga.us/taxcommissioner/formsapplicatons.shtml

Forsyth County – deadline is April 1, 2016               770-781-2106
 http://www.forsythco.com/Departments-Offices/Board-of-Assessors/Homestead-Exemption
                                                          
Douglas County – deadline is April 1, 2016              770-920-7272
http://www.douglastaxcommissioner.com

Fayette County – deadline is April 1, 2016              770-461-3652
http://www.fayettecountytaxcomm.com/subpages/taxpayers_return.asp

Paulding County – deadline is April 1, 2016            770-443-7606
http://www.paulding.gov/index.aspx?NID=89

4 Steps to Winterize Your Home

It may be tempting to ignore yearly tasks that prepare your home for winter, but inaction can be costly. Keeping your home in good repair not only prevents larger problems, but it can also avoid complications should you need to file an insurance claim down the line.

Here are four tasks you should tackle to get your home in peak winter condition:

Clean Gutters -- Remove leaves, pine needles and other debris from gutters to ensure late fall rains and winter precipitation can run freely. Make sure water drains properly into downspouts during your cleaning, and check that gutter attachments are securely in place.

Inspect the Roof -- Checking your roof doesn't require that you scale a wobbly ladder. You can get along just fine from the ground with a set of binoculars. Look for shingles that are lifting, cracked or showing signs that the protective granules have worn away. If you have attic access, look for pinholes of light or signs of water damage along the roofline.

Shut Off Outdoor Spigots -- Save yourself the headache of a burst pipe by disconnecting, draining and storing garden hoses for the winter. If your outdoor spigot has a shut-off valve, close the valve and drain the faucet. You can also wrap protective insulation around the spigot for the off-season.

Patch Windows and Doors -- Check around doors and window sashes; replace any weather stripping that has become loose or cracked. Wave a lit match or incense stick around window and door frames, and caulk areas where the smoke wavers, which indicates an air leak.

Tending to these tasks now may feel like a bother, but it will keep you from laboring out in the cold if overlooked winter maintenance comes back to haunt you. If you need recommendations for vendors to help with any of these tasks, please let me know!

Half bath or full bath?

If you are thinking of renovating or adding on, but don't have a ton of space, consider this:  Data shows that an extra half-bath can boost a home's price as much or more as another full bath.  A half bath can be added in as little space a 2' x 4', while a full bath needs quite a bit more room, so these findings can be significant!

The median price for single-family homes with one bathroom was $85 a square foot, according to a survey of listings on realtor.com in late July. With an extra full bathroom, the price climbed 15%, to $107 a square foot, while an extra half-bathroom added 10%, or $93 a square foot. 

Read the full article here

Good Fences Make Good Neighbors

I recently had an issue arise when a buyer had a survey done and a fence that was thought to have belonged to one property owner actually sat partially on the property of their neighbor. This caused the sale of the home to be postponed while they tried to sort out the issue, which was stressful for all parties involved.  In light of that, I thought I would share some pertinent info on the subject.  This is also the part where I say GET THE ENHANCED TITLE POLICY when you purchase a home! It helps protect you in situations like this!

1. A neighbor builds a fence and a portion of the fence is on the owner's property.  What should the owner do?

• Request that fence owner move the fence onto their property, or

• Enter into an Easement Agreement allowing the fence to remain, but the owner retaining the right to request the fence be removed at any time the owner requests.

• Nothing.  This may result in the loss of property over time.

2. An owner wants to build a privacy fence.  How high can the fence be?

• Most all jurisdictions have limitations on the height of fences, usually six feet for back and side yards and four feet for front yards.

• In order to build higher, a "variance" would have to be applied for and approved.

 3. A neighbor has built a fence higher than allowed by the local ordinance.  What can an owner do?  

• Inform the neighbor of the fence ordinance.  The neighbor may not otherwise know the law exists.

• If the neighbor still does not conform the fence to the local ordinance, call the local zoning or planning office and they will take action to seek conformance.

 4. A neighbor's fence is unsightly. What can an owner do?

• Check the local ordinance to see if the fence is in conformity.  If not, see (3) above.  

• If in conformity, but ugly to you, there is nothing that can be done unless:

• There are restrictive covenants in the subdivision restricting fence designs, or

• The fence poses a danger because of its design or condition, or

• The fence is dilapidated.

In these cases you may have the ability to have the fence removed or redesigned. 5. An old fence used by both owners sits directly on the Property line?  Who owns the fence?  

• The fence belongs to both parties, neither can remove it without the others permission and both are responsible for maintenance.

If a conflict arises over any fence issue, the first step is to try to understand the law and then to contact the neighbor to discuss remedying any situation.  In any of these cases, a lawsuit should be your last resort.