Need some advice: property line is not what it seems

[Esther Thomas]

Hi Everyone,

  I recently found out my property line was not the actual fence line.  A new neighbor moved in next door and got their property surveyed for future landscape work. Come to find out almost along one entire side of the property, the existing fence line on our side (which has probably been there since the homes were built) is about 5 feet onto the neighbors property. Neighbors don't seem to have an issue with it. We don't either but I'm worried when we have to sell our property what the ramifications are going to be for us.

I was told this is what title insurance is for but I really don't know how that will impact us moving forward. Right now we do have some hardscape that is done by the fence so if the current or future neighbors ask for the fence line to be moved, I suppose title insurance will cover the cost of moving the fence and maybe the cost of redoing that portion of the hardscape? 

More than the logistics of what needs to be moved, I feel like I bought a piece of property based on specific criteria, lot size, etc etc and now I feel like I found out I got short changed. 

Any suggestions of what I should do if anything at this point to protect myself moving forward. Thanks!

[Tom Gimer]

This is not what title insurance is for.

If a survey had been undertaken at the time you acquired the property, this would have been discovered and dealt with at that time. 

You may want to file a quiet title action to obtain that strip of land. Consult with a local real estate attorney.