seller did not disclose encroachment

Most likely, this will be a quiet title suit, which is designed to determine ownership over the real estate in question. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. If a seller does disclose square footage, it has to be accurate but there's no obligation for a seller to make the information public. Sell the encroached upon the property to yourneighbor. An encroachment could even be something as simple as a shrub, tree or other landscaping feature that has grown beyond your neighbors. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Gokce Capital | Privacy | Terms | Earnings Disclosure | Affiliate Disclosure | Do Not Sell My Info | Accessibility | Refund Policy. If a fence is in dispute, they may believe it is on their property. Law, Intellectual Shop all your financial options in one place. So what is the easiest way to legally have it be Added to my property in NJ? He used a GIS survey for the property deed description, which revealed the encroachment of a fence previously believed to be the property boundry since 1990. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Caveat emptor applies 01-25-2019, 08:45 PM Diana Holbrook Location: Rochester, WA 12,225 posts, read 8,959,975 times Reputation: 33090 Yes and no. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. In Texas and Michigan, for example, sellers are required to disclose whether their property includes a long list of items: such as kitchen appliances, central air conditioning and heating, rain gutters, exhaust fans, and water heaters. Hello Joanne, you may want to start by getting an updated survey from a surveyor who you both agree is a neutral third party. However, you have a practical problem that mortgage lenders do not like to make mortgages on property where there is a questionable title. Rather than fighting each other, you might both have a legal action against one or both sellers. If you think someone is encroaching on your land, you can also order a title search. BHH Affiliates LLC and BHHSCP do not guarantee accuracy of all data including measurements, conditions, and features of property. So at the minimum by providing a simple disclosure if the encroachment might solve many headaches later on. If you do nothing then your neighbor can, after enough time, claim the land because of adverse possession. The land survey is intended to lay out the physical boundaries of the property. The encroachment is close to 4 feet. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 21 john has listed the property at 17 oak st the - Course Hero In Stambovsky v. Ackley, 572 N.Y.S.2nd 672 (N.Y. App. Additionally, many lenders require property surveys before you can sell your real estate, and any encroachments will be noted during this time. In some cases, it is impractical to remove the structure on your own, and in other cases, it may be simple for your neighbor to easily fixtheproblem. Sellers need to avoid giving buyers an easy "out" of the sale contract. To find this information, look at your propertys deed or contact a land surveyor. Deal with encroachments sooner rather than later so it doesnt impact your home or land when you try to sell. Warranty Deed in Real Estate: Covenants, Title, Grantor, Grantee, What Does a Real Estate Attorney do for a Seller? Also, your neighbor may disagree with your survey and question the true boundary. And this is exactly counter to the developers agreement to build homes in that new subdivision that would be comparable in price point and size to our existing. That way, you get some money for the loss of your property and your neighbor gets to use the land without worry. It is essential to fully disclose all information important to the sale, which could affect a buyers decision to purchase. Latent defects often are not discoverable until months and sometimes years andfailure to disclose is tantamount to fraudulent misrepresentation. Although the same use of a neighbors property can lead to either, both property owners typically agree to an easement, which is legal permission to use rather than own someone elses property. Additionally, state laws may vary about a seller's obligation to reveal such extraordinary occurrences such as a crime that occurred on the property or even cases where there are reported "hauntings.". Full Disclosure Requirements for Real Estate Brokers and Agents To make matters worse, you might lose. Sometimes the encroachment is intentional. Many of them may be willing to offer a free 30-minute consultation. If youre not encroaching, you should be able to get proof of this by having a survey done that shows the property boundaries.

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