Buyer's personal circumstances. Law Practice, Attorney 6. the defect presents a danger to the property, health, or life of the buyer; the defect would not be disclosed by a careful, reasonable inspection by the buyer. An encroachment refers to a situation where one property owner builds or extends something on their neighbor's property. Fact: A seller does not have to disclose if they believe a property to be haunted. In all honesty, the answer depends on who your neighbor is. Were talking about encroachment in real estate. Copyright 2023 WTVD-TV. Thru an attorney he is claiming adverse possession, even though he knows I have paid property tax on the encroachment since 2017. Then there are no concerns to deal with. In this blog, well discuss what that means and how that can impact your property. This may not be the best way to handle the situation, though. In some states, the information on this website may be considered a lawyer referral service. Here are the top things you need to know. The short answer is yes, a buyer may have a cause of action for fraudulent concealment. I would recommend reaching out to a local real estate attorney. Present They might be able to remove the property encroachment, or you might come to some alternate arrangement. Selling My House: If I Fail to Disclose Something to Buyers - Nolo John has listed the property at 17 Oak St. What is the best way to handle this dispute besides going to court? You are about to begin discussions with your neighbors, and do not want to cause any ill will over mistaken boundaries. One interesting question that is often raised is whether the neighbor whose land is encroached upon will come to own the structure that is on their land. Rocket Mortgage, 1050 Woodward Ave., Detroit, MI 48226-1906. Failure to Disclose: Should Buyers Sue Sellers Over False Info? In fact, illegal encroachment problems that drag on for years may legally allow your neighbor to claim an adverse possession of said property. Reading your responses to the sometimes lengthy posts are heartfelt. Currently21 states address a property's stigma regarding legal remedies or a bar to suit. Had building permit- town never inspected Never received and info. Keep in mind it is better as a seller to resolve the neighbors issue prior to the sale than during the sale. Theres no reason to worry that they could cause issues down the road or cause you to end up in court. Unfortunately, this put a wedged on being neighborly. The encroachment must be obvious (you can see it). However, this might not be your neighbors take, and even if it is initially, then it may not be forever. Every property had a survey, and title policy paid for by the seller to guarantee there were no problems. You may be required to record a new property survey to establish the neighbor's property line. neighbor build garage/shed on my property 10X20. Driver injured after SUV slams into Harnett County home, Canadian folk singer Gordon Lightfoot dies at 84, Area business leaders navigate uncertainty of economy.
