property line

[tlwatts]

We recently bought a house in Virginia. We were given a copy of the survey, and we were told by both the realtor and the seller of the home that our property line went to the ditch on the south side. It has been recently brought to our attention that according to the survey, our property line ends well before the ditch, cutting off roughly half an acre to what we thought was our land. I spoke to our realtor about this, and she insists that the property line is at the ditch. I informed her that as it stands now, I have absolutely no legal documents to prove that the property up to the ditch is indeed mine. Shame on us for not measuring the property ourselves, but is there anything we can do?

 

[HomeGuru]

Talk directly with the surveyor and review the survey map together. Have the surveyor meet you at the property and be willing to pay for their time. Make sure your Realtor is there also.

 

[tlwatts]

Thank you for answering so quickly. We have measured since finding this out and believe the survey is right. What I would like to know is if we have any recourse as we feel that we paid for property that isn't even ours.

 

[JETX]

If you were given a copy of the survey (which your post says) and had two verbal 'advises' that contradict the information shown on the survey, you have NO recourse against the realtor and seller.

One other thing that is important... you say "Realtor". Was this the sellers real estate agent or yours??? Finally, most contracts clearly say that the written word supercedes any verbal promises or committments.

Lesson learned.... ALWAYS, ALWAYS get it in writing!!

 

[tlwatts]

I had contacted this realtor to help us find a house, so I would like to say she was working for me, but since this house was one of her listings, I do know that she was working for the seller. Unfortunately for me, I believed it was her job to review the survey and be aware of the property lines. As she is the one who presented me with the survey and went over it with us, I feel she is responsible for knowing how to read it. As you said, lesson learned....next time I will get out a tape measure and do it myself. Thank you for your help.

 

[HomeGuru]

You could have a claim based on dual agency and misrepresention. among other things.