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land altered between date of contract and date of closing

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T

tzr1135

Guest
What is the name of your state? Va. we recently closed on 4.7 acres that we put a contract on 1 1/2 years ago. (we're still not sure what took so long) during this past 1 1/2 years i have put 100's of hours of work into this place as it was a defuncked trailer park w/ 9 junk trailers 5 of which i got rid of during this time. about 3 months ago the seller gave permission to a farmer to plant my front yard. i stopped him after he plowed it up. now i have a mess in my front yard that the farmer nor the seller want to fix. this piece of this land has been farmed for years and in the state that it was before this year i could at least mow it. now it's all chopped up and i can't do a thing with it. the weeds are chest high and it's eroding. is there anything i can do as i'm being told by the sellers attorney that he still owned it at that time and he could do with it as he saw fit.
 


HomeGuru

Senior Member
tzr1135 said:
What is the name of your state? Va. we recently closed on 4.7 acres that we put a contract on 1 1/2 years ago. (we're still not sure what took so long) during this past 1 1/2 years i have put 100's of hours of work into this place as it was a defuncked trailer park w/ 9 junk trailers 5 of which i got rid of during this time. about 3 months ago the seller gave permission to a farmer to plant my front yard. i stopped him after he plowed it up. now i have a mess in my front yard that the farmer nor the seller want to fix. this piece of this land has been farmed for years and in the state that it was before this year i could at least mow it. now it's all chopped up and i can't do a thing with it. the weeds are chest high and it's eroding. is there anything i can do as i'm being told by the sellers attorney that he still owned it at that time and he could do with it as he saw fit.
**A: you got funked over this funked up deal. You need an attorney like 1.5 years ago.
 

nextwife

Senior Member
You did have this PROPERLY closed through an attorney or title company?

Typically at closing, the seller signs an Owner's Affidavit supplied by the title company. This affidavit includes a statement as to "parties in possession" in which the seller makes a sworn statement as to any other parties he has rented/leased or given legal permission to have assess to the property. IF the seller swore in such an addidavit and failed to disclose this parties access, it may possibly give you recourse against him for any loss you sustained due to the post-closing "farming". He would have been legally obligated to disclose any parties in possession when signing the standard Owner's Affidavit. Go back to your closing papers and review.

You still need an attorney as HG stated.

And why would you do work to property that you had not yet closed over a 1 1/2 year period? Work should only be commenced after you close, in case something happens and the deal doesn't close.
 
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amortgageman

Guest
You can look at it on the bright side, at least now you can go out and grade the front yard, and start growing grass and have a nice front yard (weed free). :)
 

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