our fence is on adjoining property

we bought a house and in the discloser it states that the fence is on 10ft. of the adjoining property with permission from the owner. we wanted to put up a pool and move the fence back 10 ft. so we had a friend who is a surveyor survey the property. he showed us the stakes and said that really our fence is on 24ft. of the adjoining property. we contacted the previous owners and they said they lived here for 10 years and thats where they were told the line was. we have put alot of money in this house and we thought we were buying a house with a yard to put up a pool. now we dont know what to do. please help

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dgoins:
we bought a house and in the discloser it states that the fence is on 10ft. of the adjoining property with permission from the owner. we wanted to put up a pool and move the fence back 10 ft. so we had a friend who is a surveyor survey the property. he showed us the stakes and said that really our fence is on 24ft. of the adjoining property. we contacted the previous owners and they said they lived here for 10 years and thats where they were told the line was. we have put alot of money in this house and we thought we were buying a house with a yard to put up a pool. now we dont know what to do. please help<HR></BLOCKQUOTE>

Did you use a real estate agent or attorney to help you with the transaction? Anyway you made a big error by not having staking and a survey completed prior to closing. The Seller is guilty of misrepresentation. You are guilty for not getting your own survey or at least reviewing the existing stakes and old survey of the Sellers. The fence belongs to the neighbors since it is on their property. How does a lap pool sound?

Did you even get a home and termite/structural inspection?

yes we used a real estate agent. and yes we did get an inspection. this is the first house we bought and we moved from out of state. is there anything that we can do?

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dgoins:
yes we used a real estate agent. and yes we did get an inspection. this is the first house we bought and we moved from out of state. is there anything that we can do?<HR></BLOCKQUOTE>

Hire a real estate attorney and file a complaint against the Seller and the 2 real estate agents.

Try speaking with an attorney in your area. In some states there is a 7 year rule where if the structure has been in place for 7= years and the other prop. owner has taken no steps to have it removed, it becomes your prop.

I do not know what state you are from, but in Oregon, an inspection does not include a survey of the land, nor is it required to get a mortgage. A survey was not done on our current home, or other homes we have made offers on. It is something you have to request and pay for outside of the mortgage requirements.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ACrews6247:
I do not know what state you are from, but in Oregon, an inspection does not include a survey of the land, nor is it required to get a mortgage. A survey was not done on our current home, or other homes we have made offers on. It is something you have to request and pay for outside of the mortgage requirements.<HR></BLOCKQUOTE>

The writer is from the State of the Grand Ole Opry and the home of Elvis. A home inspection in all 50 states do not include a survey or staking/property line verification. The issue I was referring to is one of Buyers due diligence. It is always prudent for a Buyer to request a certified survey prior to closing. Without this document, how would the Buyer know exactly how much land he/she is buying? How would the Seller and real estate agents know what they are selling? Common sense would dictate that you should confirm what you are legally buying or selling, especially when hundreds of thousands of dollars is at stake. The purchase and sale of real estate should not be a guessing game based on verbal representations and outright stories. In real estate use the fact or fiction rule. It is fiction until proven as fact via written documentation.
In this case, the real estate agent for the Buyer should be held accountable.