Ty holds a Professional Writing Degree from Missouri State University with a minor in Economics. These issues must be resolved before you close because it clouds the title. Also consider the resale value down the line. Because the seller did not obtain a survey when he purchased the property, his title policy contained the following standard survey exception in Schedule B: "Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. While California's lawdisallows any obligation to disclose a property's psychological defect, including murder, South Dakota requires disclosure of any murder or other felony that occurred on the property in the 12 months preceding the disclosure statement. This issue might come up if, for example, a neighbor builds a shed that is partially over your property line, or expands his house so that a porch ends up on your property. Definitions. In real estate, an encroachment is a situation where a property owner violates the property rights of their neighbor by building on or extending a structure to the neighbor's land or property. Hello Michael, Im sorry to hear about your situation. The last updated date refers to the last time this article was reviewed by FindLaw or one of ourcontributing authors. Between one of my neighbors, the property as per the survey I got at time of purchase, is 9 ft beyond the fence ( the fence was there many years prior). All information about an HOA needs to be disclosed, including contact information, annual assessments (dues), amenities included, restrictions, and what all fees cover. Without a survey, its just your word against your neighbors. Save my name, email, and website in this browser for the next time I comment. However, this might not be your neighbors take, and even if it is initially, then it may not be forever. Realtors know that properties with a "reputation" are often hard sells. Things that don't (always) require disclosure in North Carolina. There are decisive steps you should take toremediatethe problem before you sell your home. If this is the case, real estate professionals should provide their seller clients with standard property disclosure statement forms to fill out and transmit to buyers. Law, Government But these cases can be difficult because of the proof required to win. That way, you get some money for the loss of your property and your neighbor gets to use the land without worry. The legal way to determine yours and a neighbor's property is having aland surveyof the real property. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Before joining LegalMatch, Ty worked as a law clerk and freelance writer. Seller failed to disclose encroachment. Sellers need to avoid giving buyers an easy "out" of the sale contract. You will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision. There are many protections for buyers of real property in California. However, they still occur. Buying a Home: 8 Disclosures Sellers Must Make - Investopedia Im sorry to hear about your situation. There are several waysyouremediate the problem.
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