about to close on our house - several neighbors sheds, etc encroach on our land

[Anonymous]

Don't count on the title insurance to take care of it. We are having a nightmare with this type of problem. The title insurance will eventually pay out -- but in the meantime, we have spent three years litigating. Learn from my misery. Have the sellers deal with this. Either have the other owners purchase the land they are encroaching on or have them remove the sheds and fences. Let the sellers know that you have no intention of walking away, but that you want them to rectify things before closing. They'll appreciate the reassurance.

[Anonymous]

Anonymous wrote:Op here. Yes to all the questions. Yes, I would like the land and yes I thought I was buying all of it (didn't know one neighbor had totally fenced a part off as it is overgrown and hard to get to and see. Yes, it looks as if the county is taxing the property that will hopefully be ours.

An element of adverse possession is lack of consent by the owner of the property. If the owner allowed them to build then the possession is not adverse.

I think a little money would be well spent with a real estate lawyer.

[Anonymous]

Oh -- one more thing. I don't think title insurance would cover any of this since you are aware of the problem prior to purchasing.

[Anonymous]

Anonymous wrote:Don't count on the title insurance to take care of it. We are having a nightmare with this type of problem. The title insurance will eventually pay out -- but in the meantime, we have spent three years litigating. Learn from my misery. Have the sellers deal with this. Either have the other owners purchase the land they are encroaching on or have them remove the sheds and fences. Let the sellers know that you have no intention of walking away, but that you want them to rectify things before closing. They'll appreciate the reassurance.

Agent / long time real estate industry experience here. This? It's excellent advice all around.

[Anonymous]

Anonymous wrote:just tell them to tell the neighbors to move the stuff no cost at all.

Your new neighbors will love you!

[Anonymous]

Thanks all! This has been helpful -although my stomache still hurts. So I will ask the sellers (estate) to deal with the problem. And if the sellers end up selling some of the property or losing it due to adverse possession, I guess we have to negotiate a new sales price.

[Anonymous]

how many sheds? How far is each encroaching?

With this info we can give better advice

[Anonymous]

Oh please get a real estate lawyer. You don't know what you are doing

[Anonymous]

Anonymous wrote:Oh please get a real estate lawyer. You don't know what you are doing

100% agree.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Oh please get a real estate lawyer. You don't know what you are doing

100% agree.

+1

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Oh please get a real estate lawyer. You don't know what you are doing

100% agree.

+1

OP, there are some great RE lawyers in this area. Spend the money. Its well worth it.

[Anonymous]

Two sheds are partially on the property and one is completely on the property. Someone has fenced off about 450 sf and made a portion of the property on the other side inaccessible. Does this mean there is not a clean title?

[Anonymous]

So, can someone recommend a real estate lawyer? The property is in Arlington.

[Anonymous]

OP is a fool. Doesn't have an agent. Doesn't have a lawyer. Asking anonymous legal advice on an anonymous board.

[Anonymous]

Anonymous wrote:Two sheds are partially on the property and one is completely on the property. Someone has fenced off about 450 sf and made a portion of the property on the other side inaccessible. Does this mean there is not a clean title?

So you really thought all of these things were on your property when you made the offer? That doesn't sound right.

Personally, I'd just have the sellers deed to the pieces to the offenders and be done with it. You are going to start WWIII with your new neighbors before you even move in.