| Fence/ Easement predicament
In my state 10 years is the time frame for a fence to have been built to be grandfathered in. About 7 years ago me and a neighbor whose property (all woods) is in front, one side and the back of me agreed on prop lines. I built a fence. He is in nursing home now and son has bought prop and is going to sell it. He agreed to sell me a 100x100 septic easement directly behind me before sale. Is there such a thing as including in easement contract an "easement" to leave fence line as it is even if it may be encroaching a foot or so onto his property? (no survey to go by - benchmark was site plan of commercial building on other side and a few other apparent "markers").
My problem is - if I do ask him that and he objects, I then give my hand away! I have to let him know by Friday!
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