about to close on our house - several neighbors sheds, etc encroach on our land
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Anonymous
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We are about to close on an irregularly shaped property in Arlington. Several of the neighbors have sheds and fences that are on the parcel we will own. Would an enhanced title insurance policy protect us from issues associated with getting folks to move their sheds, fences? Are we about to walk into a hornets nest? Can we ask the seller to deal with this before we close (we had no contingencies and we did not use a real estate agent). Any guidance will be much appreciated!
TIA! |
Anonymous
| Don't close until this is rectified, this will become your problem when you want to sell |
Anonymous
| OP here, sorry if I am thick, but how can this be rectified? How would the seller (an estate) get folks to move their stuff? |
Anonymous
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100% tell the seller you're not closing until the neighbors move their fences and sheds.
They will get them to move the same way you would. First by talking to neighbors and showing the survey and then giving them legal papers and getting lawyers involved. |
Anonymous
| How long has each item been encroaching? There is a waiver provision in the law that may mean the neighbors own it after a long time (look up adverse possession). The neighbors at least need to be put on notice that inspite of their structures, the property is not theirs. Current owners should so something about this before closing. |
Anonymous
| Also, current owners could deed the land on which the offending structures stands to the neighbors. You lose the pieces of land, but you don't have title issues any more. Chances are you didn't even know it was your land until the survey anyway. |
Anonymous
| PP, I assume OP had a estimate of the sf of the property and believed he/she would be purchasing all of the sf. If OP cannot use all of it or does not own it, then shouldn't the price be adjusted downward? is this what title insurance if for? |
Anonymous
| just tell them to tell the neighbors to move the stuff no cost at all. |
Anonymous
| Several neighbors and how much? If it is a lot, I would think that might be a hornets nest. |
Anonymous
| OP I would ask for a price reduction from the seller since you aren't getting all the sq footage of the lot that was advertized. That should force the seller to act! |
Anonymous
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Your agent should have some advice for you on how to proceed. If not, ask them to check in with people in their office that may have dealt with the problem previously.
I wouldn't buy until it is fixed. Any other buyer is going to raise the same issues. Better for your current sellers to have to do the dirty work since they are leaving and you are the ones coming in. How many neighbors are we talking here? Is there any chance the survey is incorrect? Call the surveyor and ask some follow up questions, can't hurt to get more info and advice. |
Anonymous
Do people read the original posts before they respond? OP had no agent. It says so in the original post. Read!!! This happens a lot with estates that were formerly occupied by old people who don't know wtf they are doing. They may have rented/sold the land, not recall, it's unknown etc. I wouldn't settle on this property until it's fixed. |
Anonymous
| OP here. I think that if the others have used the property for 15 years, they can argue that it is their property and will be successful. I think that may be the case. Should I ask for compensation? |
Anonymous
Do you want the land or not? Did you think you were getting more land than you are now? Is the county taxing this property based on the value of the land and it's not going to be yours? |
Anonymous
| 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. |