7 things that do and don't have to be disclosed in NC home sales Most buyers wont want to entera contract for land that is disputed. Encroachments & Disclosure: What is your Disclosure Strategy? Brokers and agents represent the buyer or seller and assist with showing property or acting as an intermediary between the parties. In this blog, well discuss what that means and how that can impact your property. However, even if your state does not require this, you may want to consider consulting a local real estate lawyer before completing a sale to help ensure that all laws were followed regarding full disclosure. These disclosures include things that would influence sale value, negotiations, and moving forward. You may also want to look at our blog post on adverse possession: gokcecapital.com/what-is-adverse-possession-in-real-estate/. Your Watertight Sale Contracts: How to Avoid Common Mistakes that can Bring Depending on your property lines and where they were set up, a neighbor might even ask if your children had a permit to set up their lemonade stand in the neighborhood. You are about to begin discussions with your neighbors, and do not want to cause any ill will over mistaken boundaries. For instance: The last resort should be legal action. The land survey clearly shows encroachment onto my property what do I do now? Buyer is advised to independently verify the accuracy of that information. However, there are absolutely cases where encroachments are entirely innocent. Look at the survey you had done at your expense prior to closing. He lives in metro Detroit with his wife, daughter and dogs. Firms, FindLaws team of legal writers and attorneys, local attorney proficient in real estate law today, To begin with, you should, talk to your neighbors about it. It is usually a good idea to contact your mortgage lender before such a sale, in order to make sure all the land records are accurate and up to date. The buyers have received the survey and it shows an encroachment that the sellersdid not previously disclose. I put up a PVC type fence to protect my three little schnauzers from the Florida wildlife. Definitions. Buyers should also be informed about the HOA's financial health. Often, this is most helpful before you buy a property because then the potential buyer can decide whether they still want to buy. I have a fenced in backyard but my property extends well beyond my fence, from 4 ft at one point to over 50 ft in another. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Both owner and agent have a duty to not only disclose but to exercise reasonable diligence to discover any latent defects in the property they want to sell. That said, depending on your state law, if a neighbor has used the property for a certain amount of time, they can still gain legal access to your property without your explicit consent in whats called a prescriptive easement. Unlike an easement. These defects include but are not limited to the following: According to the National Association of Realtor's study guide, "stigmatized property" is property that has been psychologically impacted by an event that has occurred on the property, even where there was no physical harm to the property. Georgia does not required disclosure but requires the seller/agent to respond honestly to any questions relating to any psychological defects. He is trying to sell his property, and demands I sell the encroachment to his buyers. The neighbor may want to know whether you knew about the encroachment all of this time and whether youre willing to remove it. However, in many cases remediation is difficult and expensive. They should then disclose these defects to the sellers representative. So at the minimum by providing a simple disclosure if the encroachment might solve many headaches later on. Why on earth will anyone intentionally encroach on their neighbors land is insane. Structural encroachment, for instance, occurs when a neighbor deliberately builds property on land they don't own. On the advise of an attorney, I purchased a land survey in 2018 to combine the 2 property deeds descriptions into a single deed description. Both of which could also explain her reaction because to her it would seem either that you were taking her land or that you were reneging on an agreement/easement that was in place. Unfortunately, this put a wedged on being neighborly. An example of data being processed may be a unique identifier stored in a cookie. If a fence is in dispute, they may believe it is on their property. Sellers need to avoid giving buyers an easy "out" of the sale contract. If youre dealing with an encroacher unwilling to concede use of your property, you may want to consult with a lawyer familiar with local code on squatters rights as soon as possible. We purchased a home and the sellers/family failed to disclose - Avvo An encroachment refers to a situation where one property owner builds or extends something on their neighbor's property. The land survey is intended to lay out the physical boundaries of the property. Its not likely, but it could happen because the street is public property. Ultimately, encroachments need to be dealt with sooner than later and with tact. That way, you get some money for the loss of your property and your neighbor gets to use the land without worry. Fact: A seller does not have to disclose if they believe a property to be haunted. So why put yourself in a potential law suit, after all it could have been easily prevented. John has listed the property at 17 oak st the sellers - Course Hero Deal with encroachments sooner rather than later so it doesnt impact your home or land when you try to sell. My question is can I build a fence inside my property to block the neighbor from trespassing? This is like an easement. The encroacher must maintain continuous use of the property. I am not a lawyer and I do not know the laws that apply in your state/county, so I would recommend speaking with your lawyer again to see what advice they can give you regarding your neighbors suit. It is expensive and may not go the way you want. You will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision. This website uses cookies to enhance user experience and to analyze performance and traffic. The sellers have received and accepted an offer from the buyers. Ignoringthe problem, in the beginning, will only lead to more problems later.
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