Property dispute

[BRENDAS]

Our property was recently surveyed and found to have 3/4 of another house on it. The owners are presently trying to sell this house. It has no access except through our property-and from the lake. They acknowledge that the house is on our lot but still want to sell it without informing the buyer or our mortgage company. Isn't this illegal? Do we not have some say as to whats done with what we consider our property? It consist of a big part of land that we were told was ours and that a survey done in 1986 said was ours.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by BRENDAS:
Our property was recently surveyed and found to have 3/4 of another house on it. The owners are presently trying to sell this house. It has no access except through our property-and from the lake. They acknowledge that the house is on our lot but still want to sell it without informing the buyer or our mortgage company. Isn't this illegal? Do we not have some say as to whats done with what we consider our property? It consist of a big part of land that we were told was ours and that a survey done in 1986 said was ours. <HR></BLOCKQUOTE>

If you did not have an ALTA survey completed within the last couple years, you should have a new one done. This is a complicated issue. You need to hire a real estate attorney. The Sellers are obligated to disclose the land title problems to a prospective Buyer. Maybe you could sell a portion of your land to this neighbor to make everything legal. Otherwise you own part of their house.
Check your title report and have the neighbor check theirs. The neighbor may be able to file a claim against their title insurance company.

 

[Tracey]

You can sue to quiet title to the house & access route, or you can sue them for trespassing, or you can charge them a yearly license fee for the priviledge of not having to tear the house down this year. Go find the best real estate attorney in th county & file a claim of encroachment on their parcel number. This will stop any sale from going through & give you time to get this entire mess into court. It also gives you move bargaining power. You may be able to force them to sell you the house for 1/4 of its price. Then you could do an emergency short plat & change the property lines around & sell the entire house.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.