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Thread: Land legal question

  1. #1
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    Default Land legal question

    Back in march we purchased our first house. I know I shouldn't have but I forewent the survey because I was assured that everything in the fenced in area was part of the property. Today I finally met the guy who's father owns the adjacent property. In the discussion he told me that after an incident with the previous owner they (him and the previous owner) realized that part of my yard and the corner of my house was across the line. While the apparent actual owner of the land is apparently fine with it, what are my legal possibilities here? I have contacted the realtor and she is getting me a surveyor out here and I'm contacting the lawyer tomorrow, I just was curious about anyone else who has been through this and what I have to look forward to.


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  2. #2
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    If true, I believe the previous owner was required to inform you of it. Not positive though but your real estate closing paperwork should have
    had a sheet about full disclosure

  3. #3
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    That's what the realtor and myself think. Just curious of the amount of hell I am in for. If it's true I'm trying to talk the owner into selling me the rest of my yard.


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  4. #4
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    Better consult your closing attorney.

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  5. #5
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    Calling her in the morning


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  6. #6
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    If this is in SC, the owner absolutely had a duty to disclose this if they were aware of it. If they lived in the home, you should’ve received a state standard form called a Residential Property Disclosure Statement which includes a question that specifically asks if they’re aware of any encroachments. Look through your documents from the purchase and see if that’s included, and if so, look for their answer to this question. Sounds like the neighbor says the previous owner was aware of it. If that’s the case, he should’ve told you.

  7. #7
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    Quote Originally Posted by SCSwitchback View Post
    If this is in SC, the owner absolutely had a duty to disclose this if they were aware of it. If they lived in the home, you should’ve received a state standard form called a Residential Property Disclosure Statement which includes a question that specifically asks if they’re aware of any encroachments. Look through your documents from the purchase and see if that’s included, and if so, look for their answer to this question. Sounds like the neighbor says the previous owner was aware of it. If that’s the case, he should’ve told you.
    Shouldn't somebody also be responsible for giving him a clean/clear title?

    The solution is for the neighbor to sell you enough land to clear this up. The question in my mind would be who should pay for that.

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  8. #8
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    Default Land legal question

    Quote Originally Posted by Catdaddy View Post
    Shouldn't somebody also be responsible for giving him a clean/clear title?

    The solution is for the neighbor to sell you enough land to clear this up. The question in my mind would be who should pay for that.

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    That's what I'm thinking. And the a-hole who lied to me should be the one paying. My only concern with that is that after talking to the son I don't know if the old man will sell. He said that his dad doesn't sell land. But would let us use it. I explain that selling could protect him as well as me in case something happened in that part of the yard and my homeowners balked because it's not actually my property.


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    Last edited by Wolf; 08-16-2018 at 10:25 PM.

  9. #9
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    It is called an encroachment (as you stated).
    I've seen it a few times and the encroched party deeded over the required sliver of land to remove the encroachment. All of these neighbors got along.

    Now....if you can prove the seller knew about this and did not disclose it in the seller disclosure statement.....the seller is probably in trouble.

    Also, yes, when you buy property you need a recent survey. If you don't want to buy a new one, sometimes you can find a recent one for you and /or your neighbors in the county records. Neighbor's plats can be very helpful.
    Last edited by DJP; 08-16-2018 at 10:46 PM.

  10. #10
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    Default Land legal question

    I’m hesitant to answer because SCSwitchback is in this thread and I keep forgetting to do something he asked me to do, lol, but.....

    NEVER sign that damn paper waiving a survey. Yes, it may save you some money AT THE TIME, but how much is it going to cost you to fix this??? When you sign that paper YOU are saying there’s no encumbrances on the property and if there are any YOU are responsible for them. You may be able to prove the seller knew and didn’t disclose, but how much is THAT going to cost you???

    Too many people get all giddy about buying and all they see is themselves living there and they close their mind to everything else.

    Get a survey done BEFORE you buy.

    I put a stop to a sale 2 days before closing a year ago, the problem??? The house was 32.3’ over on the neighbor’ property.

    I’ve also surveyed a lot after closing recently that had a restaurant 39.9’ over on the neighbor’s property.
    Last edited by Tater; 08-16-2018 at 11:02 PM.

  11. #11
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    I paid to have my 43 acres surveyed and lines marked prior to purchase- no way was I buying a pig in a poke- still have an encroachment issue from adjoining landowner that occurred AFTER the survey markings- lawsuit time

  12. #12
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    Their is likely an implied easement by now but not sure how structure figures into that. However, I am sure you have title insurance. If your neighbor is telling the truth and the seller knew, then he has a problem. Good luck, unfortunately none of this happens without you spending more money. MG
    Dum Spiro Spero

  13. #13
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    As one of my former coworkers would say" Damn it boy".

  14. #14
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    Did the adjoining land owner have a survey that showed the corner of the house over the line?

  15. #15
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    Quote Originally Posted by jws View Post
    Did the adjoining land owner have a survey that showed the corner of the house over the line?
    And did Tater do that survey? Askin’ for a curious friend.

    Hey, Tater... stop by sometime.
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  16. #16
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    In our last house we refi'd after 3 years in it to shave a whole percentage point off and bank required a survey. Surveyor came out and said he couldn't place the stob on one of the corners cause it was covered in concrete... concrete that made up part of my neighbors driveway. I didn't care, but he was worried about it.

    I had no clue I was supposed to disclose that. Sold the place 2 years ago and I know for a fact I didn't disclose it. Now I know that I should have.
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  17. #17
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    Your surveyor shouldn't have been worried about it at all, we're not there to take sides.

  18. #18
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    I know a guy that built a shed over the line onto a power/gas line right of way. Some folks just can't get right.......
    Quote Originally Posted by Mars Bluff View Post
    Only thing we need to be wearing in this country are ass whippings & condoms. That'll clear up half our issues.

  19. #19
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    Outlaws gonna outlaw....

  20. #20
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    Now that some of the shock and rage has wore off. Let me qualify this by saying that the neighbor is going by the hunt stand app to look at the property line. But looking at my plat it looks pretty dang close.


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