The sellers offer no survey and there's no property line clause in the contract as there have been in other contracts we signed on other properties. Next door neighbor has definite property line issues and another neighbor is possibly using part of my daughters potential property, in addition to a possible easement. The survey is expensive what do you think? If her garage is 12" on neighbors prop. could anything be done? What would her rights be?
2007-05-23 10:03:29 · 5 answers · asked by peace seeker 4 in Business & Finance ➔ Renting & Real Estate
Acemill and Godged are right 100%. Now where ever she gets her mortgage will have a survey done. They would never lend on any property without knowing the meeks and bounds. I had a house once that I was selling on 10 acres. Got the couple approved and did the survey for the mortgage company and the house sat right on top of the electric companys easement. WOOPS!!! Took 2 weeks for the electric companys engineers to redo that for me and thats because I live in Hooterville USA. A survey is a must.
2007-05-23 14:29:16 · answer #1 · answered by Dano N 3 · 0⤊ 0⤋
Yes, something can be done, she could be forced to move or remove the garage.
First, she needs to have a contingency in place that the property has no property line issues. If the seller knows of them, discloses it and your daughter signs on anyway, she is on the hook for any pre-existing conditions. There may be an older survey on file and with a metal detector, you may be able to locate the survey stakes.
If not, put in a clause that the property owner pays for a survey. If they won't, she needs to find another house. This one sounds like trouble brewing.
2007-05-23 13:28:03 · answer #2 · answered by godged 7 · 0⤊ 0⤋
Your daughter needs to stop immediately and not sign any purchase contract for this property unless it contains a contingency clause concerning an acceptable outcome of a professional survey.
You do not indicate how you are aware of current property line issues, but the fact that you ARE aware should give you pause.
Depending on the age of the house and other factors, your daughter could be required to move the garage to where it belongs if this survey reveals such information.
2007-05-23 10:10:17 · answer #3 · answered by acermill 7 · 1⤊ 0⤋
You are wrong. You are not looking for your partner to borrow cash. Of direction California is an excessively bizarre location, so I might be incorrect. But I've on no account heard of the sort of factor. Even if it wherein unlawful, if the financial institution indicators off at the sale, then that makes the sale and the mortgage authorized. And it most of the time does not subject who is signature is at the mortgage, on account that the whole thing is joint estate in any case. If there is a default at the mortgage the financial institution will come after any cash that's on your husbands title or your title.
2016-09-05 09:07:02 · answer #4 · answered by ? 4 · 0⤊ 0⤋
First, she needs to go to the city and find out where the property lines fall.
2007-05-23 10:07:30 · answer #5 · answered by kristina807 5 · 0⤊ 0⤋