Have the sellers deal with this before you close.

or;

Go over and meet them and tell them that you will be changing the fence to include the space they are using. Tell them that they should start moving the shrubs and plantings asap before your new fence goes in.

In the olden days fence lines sometimes became property lines.

Agree with palimpsest

You might need a real estate lawyer? I would want to know if there's some sort of "squatter rights" that might apply.

"squatters rights"???

Check on "adverse possession" as a concern.

Whatever. It was just a thought which I offered to be helpful, in my lay-person parlance.

Agree this could potentially be trouble. You want it dealt with as far as possible in advance of you moving there.

Let us know how it goes! Good luck.

I think virtually all of us are "lay-persons."

Yes, I would be concerned about adverse possession. Fence in your whole property ASAP after you close and get legal help if you need it before closing.

My next door neighbor replaced his back fence and extended it 18" into the neighbor's yard behind him. When I asked him about it, he said the survey legal boundaries were zigzagged like that. (IMO, he's a pathological liar. The yards behind us are offset with most fences spanning two yards which would make the new fence not straight as before. However I believe he negotiated the fence line with the neighbor behind him. I also believe there may be something else going on between them regarding access.)

Another concern is that if it is your property, you are responsible for the safety of anyone who accesses it. If you run a business in your home, anyone who works on your property for compensation even if it is landscaping, should be covered by worker's comp (unless they are the owner of the business you are contracting to), IIRC.

I would not take any chances. Claim your property and prohibit trespassing.

Do not close until this is resolved. It's the seller's problem, don't make it yours. They should have taken care of this with the neighbor before listing the property for sale, and their realtor and the closing attorney have a legal and ethical right to advise of any prescriptive easements the sellers' generosity may have created. Otherwise you could end up paying for land you don't get to use and paying the taxes on it for someone else.

I agree with having sellers address the issue before closing. I would probably consult an atty and ask if you need a letter from sellers to other people stating that they are selling and new owners will be fencing in their property and all plantings that they own must be removed by "x" date, and removal area filled with dirt. Any plants left after that dare will be assumed to be new owners property and will be fenced in and non accessible to neighbors.

You NEED to get this resolved before closing. Otherwise you may find that they have used that land long enough that they own it now. Do you have a Realtor or is this a for sale by owner?

They can not claim adverse possession if the sellers gave them permission. Adverse possession is hostile- the claimant must occupy the land in opposition to the trueowner's rights. In any case it is a can of worms and best that the seller resolve it.. If it is a concern it should be a condition to the contract!

We we have this deal with the neighbors next to one of our rental properties and it's worked out great but we wrote up a contract giving them permission and that we can revoke at any time and it is voided should we sell.

If I recall correctly (and I'm not saying I do) the way this would be interpreted legally is that the current owner of the property created an easement for the neighbor and it could prove to be difficult to recind since it's actively in use. Take heed to the advise and be sure to have the issue remedied before you take possession as you really may have no recourse once the transaction is completed

If a neighbour has permission (only verbal) to use a bit of your land, will there come a time when he/she can claim it as their own?

I totally agree with the others, jennifer. Don't make this your problem. It needs to be sorted beforehand, by the seller.

I agree with those who say get it taken care of before you go to closing, or you will be viewed as Mr McNasty by everybody in the neighborhood.

Make sure everybody including the neighbor is aware you own the property and plan to take possession the minute you close.

Tete, verbal or not, once the neighbor takes possession ie plants and cultivates, I believe that the agreement is valid and the neighbor could actually keep possession. It's been a while since I learned about it in the real estate class but I beleive that is the case. If the agreement is to be voided, it should be done prior to the sale.

Adverse possession typically takes years and years before becoming effective.

Look up prescriptive easement.

Yes, prescriptive easement is interesting, but from what I can tell wouldn't apply in this case because an agreement was worked out last year.

How does title insurance figure into this?

I was wondering about that, too, Jane. I had friends who found a perfect lot to build on, but had to give it up because the title co said they couldn't warrant a clear title because a neighbor had placed a light pole over the property line.

Don't depend on title insurance and adverse possession. I ran into this in Louisiana. Neighbor had placed a wood fence encroaching on my property 27 years prior to my purchase. In Louisiana adverse possession takes 30 years. The title company advised me of this fence encroachment at closing. I tore down the fence believing it was mine. Turns out in Louisiana, fencing is considered personalty and not realty. I was in the wrong. I should have sued the neighbor to remove the fence. I had to pay damages for a 27 year old rotten wood fence. Neighbor was a royal plated ass and an attorney. While I could have prevailed in court, it would have taken five years to get there and it wasn't costing this guy a dime. I settled and sold the house.

Why is this important to the current situation?. Get your own real estate attorney. Don't depend on the title company lawyer. Have your own attorney advise you of your options. It will be the best money you have ever spent. It's better to get this out in the open right now while you could still walk away. Take no one's word for it. Make sure you have your own survey. Let everyone know in writing that you plan to erect a fence upon closing. Your attorney will let you know how to proceed.

I'm curious if the OP has already closed. No reply from OP, so who knows, but my reading was they are already on their new property (new neighbors), not about to be new neighbors...

I was wondering the same thing kirkhall. I hope the OP comes back to give us a status!

If she'd already closed, I imagine she would have said she bought a house, not that she is buying a house.

But she may be past the stage where all of the contingencies have been waived already.