encroachment

What is the name of your state? Arizona
we purchased a home last oct . we have an encroachment on the lot next to us. When we purchased the home the owner of the lot next door and the homeowner we purchased from had an agreement that he would not do anything to the landscaping and he was fine with everything, which was signed in Sept**************Now he wants to remove the landscaping and put a fence across his property which goes right across our front lawn. When we addressed this with him he says he changed his mind about the agreement. We would not have purchased this property had we known there would be a problem with this agreement which was signed a month before we purchased our home and was part of his real estate agreement, though it was not recorded. We have signed copies of this from both parties. Do we have any legal rights?

[HomeGuru]

Originally posted by bingmire
What is the name of your state? Arizona
we purchased a home last oct . we have an encroachment on the lot next to us. When we purchased the home the owner of the lot next door and the homeowner we purchased from had an agreement that he would not do anything to the landscaping and he was fine with everything, which was signed in Sept**************Now he wants to remove the landscaping and put a fence across his property which goes right across our front lawn. When we addressed this with him he says he changed his mind about the agreement. We would not have purchased this property had we known there would be a problem with this agreement which was signed a month before we purchased our home and was part of his real estate agreement, though it was not recorded. We have signed copies of this from both parties. Do we have any legal rights?

**A: and why wasn't there a formal encroachment agreement signed by the parties and recorded on title?

It is interesting that the same real estate company represented the owners of this home and the owner of the lot....they did not have the agreement recorded because they thought it had been settled with a friendly signed agreement to prevent any future problems, which is stated on the document. They thought there was no need for a legal document to be recorded. Now we are stuck holding the bag and face devaluation of our property when he removes our trees and puts a fence across our front lawn.

[HomeGuru]

Yes, those real estate people were idiots. Was your Realtor an idiot also? Did you have a Realtor?

Yes we were represented by an agent....he did disclose that there was a encroachment, and said it was no big deal. On the disclosure notice the owners answered "no" to any property issues, and we did not get a copy of the agreement signed by them until Jan, sent to us by the lot owner who then said there was a problem.

[HomeGuru]

[quote]Originally posted by bingmire
[b]Yes we were represented by an agent....he did disclose that there was a eK0

HomeGuru, was unable to read your reply.....try again**************thanks

[HomeGuru]

[quote]Originally posted by HomeGuru
[b]

Originally posted by bingmire
Yes we were represented by an agent....he did disclose that there was a eK0

**A: this is the 5th time that this happened today. Testing.

Your test came through this time.

[HomeGuru]

**A: hire a real estate attorney to go after the Seller and the agents.
Meet with your agent's principal broker and have him/her explain how this is a no big deal issue. Also ask if that have E&O insurance.

Because of the small size of our town, each real estate attorney we consulted with had a conflict of interests with one of the parties, would you recommend finding an attorney from out of our area, or would a general attorney work?
Thanks for your help

[HomeGuru]

Originally posted by bingmire
Because of the small size of our town, each real estate attorney we consulted with had a conflict of interests with one of the parties, would you recommend finding an attorney from out of our area, or would a general attorney work?
Thanks for your help

**A: out of your area because you need a real estate specialist.

[nextwife]

Review your Owners Policy of Title Insurance to determine if this item was an exception from coverage, or whether it was an insured matter. Whether they insured over survey matters. If survey matters WERE covered, then you may have a title claim. Talk to an attorney about it. If it is a claims matter, and the seller failed to disclose knowledge of the encroachment, the title provider may in turn go after the seller.

And they don't care who the seller knows "in town".

Thank you, we will check our title policy and see if that matter is covered. Either way, I think we will have to consult with the attorney. We have tried to work it out with the neighbor, even offered to deed him a portion close to the back of his house in return for the small area, but he is very mean spirited.

[HomeGuru]

In general, title insurance does not cover this.