encroachment on contracted commercial bldg.

What is the name of your state?What is the name of your state? Florida. I have a commercial building under contract. Our survey has revealed a 3" encroachment of the building onto the adjoining lot which is owned by a 3rd party. The party has apparently agreed to deeding over several inches which the seller would pay for, however, her title is clouded (7 liens). A suit to quiet title so she can deed over the needed property to eliminate the encroachment will take several months which no parties to this agreement has due to business reasons. To make matters worse, my business is half moved in to the building in question as the sellers were accomodating and knew I was under the gun to vacate my already leased out space and needed to move in before the closing. We didn't realize this problem existed until 2 days ago and now we are all scrambling. The title company will provide title insurance with the exception of the encroachment and the bank has not yet said whether or not they will close now or not. Assuming the bank says yes, what legal documents or assurances can I get from the 3rd party so that I know I will eventually get my needed strip of land that now has clouds? The seller has told me directly that they need to close and is not willing or able to rent the property to me if this is to carry on for even a month. I believe financial problems are the overriding reason for this inflexibility. I appreciate legal or at least experienced advice on solutions to my dilemna. Thanks for your help.

Q: Assuming the bank says yes, what legal documents or assurances can I get from the 3rd party so that I know I will eventually get my needed strip of land that now has clouds?

A: You will need only one thing: good title conveyed by deed. Since neighbor cannot do that now, then what you could do is hire a very good real estate attorney to write up a contract for sale for the encroachment. You have to realize that, as you said, it could take very long to clear up her title. If the bank is not worried about the encroachment, then get the contract for sale from her. If the bank is worried, then your deal is shot.