Property Dimensions

What is the name of your state? Texas,
I purchased a home from a builder. The home had one fence that was 6' over on the neighbors property. I felt that I lost the 6' when I found out and the company corrected the proplem. The neighbor knew of the problem for 1 year. We wanted to put a pool in the yard and now can not with the loss of land. the back yard is now too small for the pool. Do I have any recourse against the builder. The salesman was aware of our desire to put in a pool.

[HomeGuru]

Originally posted by Gregory Banko
What is the name of your state? Texas,
I purchased a home from a builder. The home had one fence that was 6' over on the neighbors property. I felt that I lost the 6' when I found out and the company corrected the proplem. The neighbor knew of the problem for 1 year. We wanted to put a pool in the yard and now can not with the loss of land. the back yard is now too small for the pool. Do I have any recourse against the builder. The salesman was aware of our desire to put in a pool.

**A: try a lap pool.
Why did you not verify the survey map when you bought?

The survey that I received at time of closing was correct. It showed the fence 6' over onto the other property from my property line. When I agreed to buy the home I was under the assumption that the property line and the fence matched. Fifth home, I bought and never had a problem before with the two not matching. I know that is no excuse. But I feel I was miss-represented the property when we decided to purchase and could not have determined it until closing. If I need to do a lap pool so be it. What I am also hearing from you is that not to close until you can verify every point of the sale. I am sure that is an exception rather than the rule with 99% of the buyers. Thanks for the help.

[HomeGuru]

Originally posted by Gregory Banko
The survey that I received at time of closing was correct. It showed the fence 6' over onto the other property from my property line. When I agreed to buy the home I was under the assumption that the property line and the fence matched. Fifth home, I bought and never had a problem before with the two not matching. I know that is no excuse. But I feel I was miss-represented the property when we decided to purchase and could not have determined it until closing. If I need to do a lap pool so be it. What I am also hearing from you is that not to close until you can verify every point of the sale. I am sure that is an exception rather than the rule with 99% of the buyers. Thanks for the help.

**A: you know you have no case because you knew of the encroachment and still bought the property.

I was not aware of the fence issue until several weeks after closing when I measured the property myself. I then went to look at the survey and it show the fence to be different than the property line. That started me asking questions as to why the fence was not on the property line.

[HomeGuru]

Ok, that's nice to know but not relevant to the issues.

Thanks, It just stinks, thats all. How easy it is for them to make a mistake and the buyer beware.

[HomeGuru]

Originally posted by Gregory Banko
Thanks, It just stinks, thats all. How easy it is for them to make a mistake and the buyer beware.

**A: that is why is is highly adviseable to hire your own Realtor and real estate attorney. Now, you probably did not get a home inspection either right?

Actually I did. Because it was the model.

If I had my own realtor and or attorney would it have made a difference? Would they have been responsible for not finding the issue?

[HomeGuru]

[quote]Originally posted by Gregory Banko
[b]If I had my own realtor and or attorney would it have made a difference?


**A: yes, as either of the two would have advised you to demand that the Seller get an enroachment agreement signed by him and the neighbor and recorded on title.

**********
Would they have been responsible for not finding the issue?

**A: what do you mean not finding the issue? You knew about the fence encroachment at the time of closing and did nothing to mitigate the problem.

I was not aware of the issue until several weeks after closing. Not at closing.

[HomeGuru]

Originally posted by Gregory Banko
I was not aware of the issue until several weeks after closing. Not at closing.

**A: and what did you do when you found out? Apparently nothing.

[HomeGuru]

[quote]Originally posted by Gregory Banko
[b]The survey that I received at time of closing was correct. It showed the fence 6' over onto the other property from my property line. When I agreed to buy the home I was under the assumption that the property line and the fence matched.

**A: look, you posted that you received the survey at time of closing.