does title insurance cover property line disputes (not clear title) when there is no survey available?

Question

I bought my house 14 years ago, as I go to sell my neighbor tells me a portion of my driveway and backyard are encroaching on his land. He has a survey showing this and I am getting my own survey to validate., however if I give him this land, my driveway is unusable. This driveway has been the same since the house was buiult 45 years ago. I did not have a survey when I bought the house but have a title insurance policy.

Answer 1

Laws may differ slightly between states so my official recommendation is to see a lawyer in your area. However, I can provide some general background information. Your title policy insures the boundaries as they exist on paper. I'm sure your title agent checked your legal description to ensure that on paper it did not conflict with your neighbors boundary. So, unfortunately, you probably have no claim against the title insurer. It is often the case, however, that fences, driveways, etc. get built in locations that do not match the property lines. In situations like these, there is a principle called "right of use" that enables a person to acquire a color of title to a piece of property by continuous use over time. Under this principle, because your neighbor, or his predecessors, failed to challenge the use of the driveway by you or your predecessors, he would find it difficult to limit your use at this time. In other words, what the survey shows is immaterial. A judge would likely decree that you have acquired the right to continue to use the property as it has been used in the past. Good luck to you.

Answer 2

All title insurance covers is to make sure the title was clear of liens etc...property lines is something that should have been clear on the deed and the county assessors records.

Answer 3

I might suggest that you try this internet site where you can get quotes from the best companies: http://INSURECOMPAREQUOTES.US/index.html?src=5YAawK55OiT3nsB1

RE :Does title insurance cover property line disputes (not clear title) when there is no survey available?
I bought my house 14 years ago, as I go to sell my neighbor tells me a portion of my driveway and backyard are encroaching on his land. He has a survey showing this and I am getting my own survey to validate., however if I give him this land, my driveway is unusable. This driveway has been the same since the house was buiult 45 years ago. I did not have a survey when I bought the house but have a title insurance policy.
Follow 5 answers

Answer 4

Yes, that is one of the things that title insurance covers.

Answer 5

You have got rights, however, there maybe a legal battle on it's way as people will go to any lengths to protect what they think is theres..

Answer 6

no it would not. that's some thing you will might desire to bypass to the city/city to look at. any financial expenses incurred is in basic terms out of pocket. counting on the area, try small claims.