fenced in

My Mom bought a home in Michigan last year. The back yard is surrounded by a chain link fence. The neighbor's lawyer just sent her a letter stating that her fence is on 18 feet of their property after doing a survey and to sign a statement claiming that is so and that she will have to move it now or when they request her to do so. She had no previous knowledge of this. She, of course, thought that all property within the fence was hers. Title insurance was obtained prior to closing. The sellers installed the fence and did not disclose to her the encroachment. What recourse does she have?

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Read the real estate law section at the freeadvice.com homepage. You had the responsibility to make sure all encroachments were made known through title search and land survey.

Now, the question remains whether you have a sort of constructive right to use the land.

I would speak with a real estate attorney and see what the best possible route may be.

Try attorneypages.com.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by debi:
My Mom bought a home in Michigan last year. The back yard is surrounded by a chain link fence. The neighbor's lawyer just sent her a letter stating that her fence is on 18 feet of their property after doing a survey and to sign a statement claiming that is so and that she will have to move it now or when they request her to do so. She had no previous knowledge of this. She, of course, thought that all property within the fence was hers. Title insurance was obtained prior to closing. The sellers installed the fence and did not disclose to her the encroachment. What recourse does she have? <HR></BLOCKQUOTE>

That is why it is recomended that Buyers get a survey completed prior to closing. How would a Buyer know what they are buying without a survey map. Title insurance is no protection from an owners' encroachments onto another owners property.