We are supposed to close Monday July 17th and our land surveyor called earlier and left a message saying that the property is eased about one foot on the neighbor's land. All the houses are older, his was built in 1902 and it seems they have had the deed since 1985. The property we want was built in 1920 and has been with the same owner since 1982. There is no easement clause that we are aware of. What should we do? Should this be taken care of before buying the home or should we play dumb and see if things continue on? Surveyor says the whole neighborhood is a mess and needs to be resurveyed. Prompt replies appreciated!
2006-07-13 15:10:16 · 6 answers · asked by akkilpatrick 1 in Business & Finance ➔ Renting & Real Estate
easements are a legal for term for "use". It sounds as though your neighbor has granted an easement for use... but to who and possibly what conditions? You should find out the specifics if you can, they may be something you can live with. Often, older neighborhood surveys can be off and occasionally a modern survey will make corrections. There are no guarantees if the corrections that are made will cost you money in the future... Before you close on Monday, you should find out all the specifics that you can. If it turns out that you don't want to close... be careful. The seller may sue you for breach of contract... but each state has different laws. You could argue that the easement was not disclosed in a timely manner and the purchase contract can become null and void for lack of disclosure. You have alot of choices here.
Good luck.
2006-07-13 15:40:04 · answer #1 · answered by shdblawyer 1 · 0⤊ 0⤋
I agree you don't want to close until the survey is correct nor should the lender allow you to. Playing dumb would be a big mistake. It is the sellers problem at this point. You don't mention what is encroaching? A fence or actual part of the residence?
The correction could be as simple as the quitclaim or if your neighbor is a butt he could make you buy the one foot strip of land. I am not sure where you live but depending on how long the encroachment has taken place, the seller could be entitled ownership due to "adverse possession." You need to check with a real estate lawyer. If you were to go through with the closing that would be your only defense against the neighbor's claim.
It sounds like there weren't any surveys done on the property before hand or they are incorrect which could subject the surveyors with some liability I would think. That would be the current owners cause of action not yours.
2006-07-14 03:15:00 · answer #2 · answered by Sam B 4 · 0⤊ 0⤋
You should seek legal advice from the attorney who is representing you in your sale. Do not feel like you have to be rushed. This is a big decision that once you sign, there is no going back. Here in NC, the seller must offer a clear title. This would cloud the title and the buyer would be able to walk away and receive his earnest money back. There can be a "quitclaim" deed prepared in our state to remedy this. Will the neighbor agree to deed that portion over? Is there a law that states once the home has been there for a certain number of years that it could be considered part of that property? Most states have setbacks which means it is not only encroaching, but doesn't meet setbacks either? Is there a septic tank? Make sure it and its drain are on the right property too since there are problems in the neighborhood. You need to get advise from local real estate attorneys. I cant say that enough. If it is not meant to be, walk away. I know youve spent money, but better than what youre getting ready to spend.
2006-07-13 17:01:24 · answer #3 · answered by Beauty Consultant 2 · 0⤊ 0⤋
What you have is an Encroachment. In some cases it can be ignored. If the current owner you're encroaching on has not filed any complaints or taken any action to correct it, it could be legally considered the encroaching land owners.
If it's simply a fence line that has been moved over time, you can contact the owner to move the fence line.
If it's part of a driveway or some form of ingress/egress to the property, then it should be dealt with at the title company level and you probably would need an easement granted from them.
Try talking to your realtor, the seller's realtor or the seller themselves. They may know something you don't.
Good luck :)
2006-07-14 03:17:17 · answer #4 · answered by Christine 3 · 0⤊ 0⤋
No...you need a flag. Everyone knows that the only way to claim land is by putting a flag in it
2016-03-27 04:27:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Try this website
http://www.realtyhelpusa.com
2006-07-13 18:02:33 · answer #6 · answered by james 3 · 0⤊ 0⤋