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Whata Mess

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Shannon Johnson

Junior Member
What is the name of your state? Washington

We put our home on the market with to our knowledge of 4.68 acres. Some issues with the neighbors property came up, it was surveyed and it was off . We had a buyer, both parties signed the Purchase and Sale Agreement. Then we find out that the actual acreage is 5.02 acres AND the neighbor behind us his drain field and septic system are completely on our property, also 20 ft of his house. Now with the change in acreag and the encrouchment issue what do we do! :confused:
What is the name of your state?
 
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lwpat

Senior Member
Is any of his house/drain field on the original acreage. If you are selling 4.68 acres and still have 4.68 acres there is no problem with the sale and you can work out the remainder with the neighbor or you can sell it with full disclosure of the problem and let the new buyer worry about it. I know your neighbor is going to claim he owns the 0.34 acres. What does his survey/deed say. You are much better off to get an agreement with the neighbor on the actual property line than to spend a lot of money and time on this with attorneys. Has the surveyor explained to you what happened?
 

JETX

Senior Member
Shannon Johnson said:
Now with the change in acreag and the encrouchment issue what do we do?
That depends largely on what you WANT to do!! :D
Rather than have us play '100 questions', how about at least giving a HINT???
 

seniorjudge

Senior Member
Shannon Johnson said:
What is the name of your state? Washington

We put our home on the market with to our knowledge of 4.68 acres. Some issues with the neighbors property came up, it was surveyed and it was off . We had a buyer, both parties signed the Purchase and Sale Agreement. Then we find out that the actual acreage is 5.02 acres AND the neighbor behind us his drain field and septic system are completely on our property, also 20 ft of his house. Now with the change in acreag and the encrouchment issue what do we do! :confused:
What is the name of your state?
Were you selling by the acre?
 

Shannon Johnson

Junior Member
I appreciate you all getting back to me!!!:)

The signed Sales and Listing Agreement states 4.68 and so does our taxes. (till now). We originally bought 5.02 but, apparently due to the developer putting the road in the wrong place instead of doing things correctly he just went to the recorders office and apparently they just penciled things in and refigured the acreage without telling anyone. This is all just coming out since his passing. After he passed the person who bought the house in front of us found a line problem therefore the executor to the estate had all 7 parcels resurveyed.

Since we were owners and the other properties were rentals we thought nothing of it since we are not home much. But after both parties signed the Purchase Sale Agreement we find (the surveyor walking in our uard one afternoon and spoke with him) that the acreage had changed and YES the whole septic and drain field of the neighbor behind us IS on our property, as is 20 ft of his mobile home. We already took care of the neighbor on the other side we owned their well.

Anyhow, all these things have come up after the PSA was signed so there was No disclosure from us to the realtor or Buyer. Maybe the realtor has told the buyer but we as the seller have said or signed nothing.

Is this enough to terminate the Purchase Sale Agreement? This is what we really want. This all needs cleared up before we sell this but the buyer wonmis going to meet the closing date. We really hoped she would understand but not. Either that or we don't sign the escrow papers I guess . . I don't know!!!
 

lwpat

Senior Member
If you have a valid contract to sell and back out the buyer can sue for damages or specific performance. Now that you know of the problem you are required to make the disclosure and the buyer will have the option of backing out if it is a material fact.
 

John Se

Member
do a lot line adjustment and move on

do a lot line adjustment and move on, correct the surveys, close the deals and move on!
 

HomeGuru

Senior Member
Shannon Johnson said:
What is the name of your state? Washington

We put our home on the market with to our knowledge of 4.68 acres. Some issues with the neighbors property came up, it was surveyed and it was off . We had a buyer, both parties signed the Purchase and Sale Agreement. Then we find out that the actual acreage is 5.02 acres AND the neighbor behind us his drain field and septic system are completely on our property, also 20 ft of his house. Now with the change in acreag and the encrouchment issue what do we do! :confused:
What is the name of your state?
**A: do an encroachment agreement.
 

Shannon Johnson

Junior Member
Please forgive me if this sounds stupid but I know I do an encroachment agreement (whatever that is) and a line adjustment (did one on the other side) but this can all be done now after the papers have been signed? Also how do you disclose something when you can't anyone to call you back. Then the husband insists on not selling.
So what's the worst that can happen if they sue us? We have no place to move to now and the closing date is March 15th (yes I am still packing) but time is running out and I can't get any one to work with this? Guess one of us will be smarter the next time!!
 

seniorjudge

Senior Member
Q: Please forgive me if this sounds stupid but I know I do an encroachment agreement (whatever that is) and a line adjustment (did one on the other side) but this can all be done now after the papers have been signed?

A: Yes.


Q: Also how do you disclose something when you can't anyone to call you back.

A: Write a letter.
 

Shannon Johnson

Junior Member
What will they have to prove? I haven't hidden anything? I just talked to the realtor and he said she knows about the encroachment but there is no paper work on it. Doesn't this have to be taken care of closing? The other thing is that the Listing Agreement says 4.68 crs BUT they filled the Purchase Sale Agreement in with the legal after the new survey had been done so it shows 5.02. How can list 4.68 acres andthe realtor put in hs listing 5 acre parcel and on the PSA put it as 5.02 acres? Sorry I am at wits end and need to get out of this contract and nothing is making any sence.
 

John Se

Member
Now you want out of the deal???......!!!

I thought you wanted to sell? does the buyer still want to buy, escrow is the time when "details" get worked out!
 

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