• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have a strong case or nothing at all?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ScammedInAZ

Junior Member
> What is the name of your state (only U.S. law)? Arizona

If the seller didn’t disclose to me (the buyer) that a small piece of orphaned land separates my front yard from the main road, do I have a case against the seller, the real estate company or the title company?

A drawing can be seen by pasting this URL into your browser:
http://img692.imageshack.us/img692/5872/lande.png

Shortly after I bought my home, I learned that an investor has been purchasing tax liens on the property (of a deceased person) in front of my home for several years. More like, what appears to be a large portion of my front yard.

The question about if the land is landlocked is not what I'm concerned about. The value of the property is obviously affected by the fact that the investor who owns what APPEARS to be my front yard (but isn't) can rightfully do what he pleases in the front of my home. I cannot have peace and enjoyment of my property.

So far, two attorneys have told me that I have no case whatsoever. This is really upsetting!
 


FarmerJ

Senior Member
A boundry survey would show you exactly what is your property. As far as this strip of land in the front First , you didnt say what size it is , so your best bet is to see what your city/ county ords are as far as exactly what some one can or cannot do with the land, see for all you know it could be non conforming /non buildable according to city /county ords. BTW so far you really havent been harmed , when you bought the place somewhere in the paperwork ill bet there is a statement that says the information presented about the house and land could have errors and the seller would not be responsible for errors. ( having a boundry survey done & permanent markers put in will help you mark out what really is yours to hopefully prevent any accidental encroachment by the new owner of the land in front)
 

HomeGuru

Senior Member
> What is the name of your state (only U.S. law)? Arizona

If the seller didn’t disclose to me (the buyer) that a small piece of orphaned land separates my front yard from the main road, do I have a case against the seller, the real estate company or the title company?

A drawing can be seen by pasting this URL into your browser:
http://img692.imageshack.us/img692/5872/lande.png

Shortly after I bought my home, I learned that an investor has been purchasing tax liens on the property (of a deceased person) in front of my home for several years. More like, what appears to be a large portion of my front yard.

The question about if the land is landlocked is not what I'm concerned about. The value of the property is obviously affected by the fact that the investor who owns what APPEARS to be my front yard (but isn't) can rightfully do what he pleases in the front of my home. I cannot have peace and enjoyment of my property.

So far, two attorneys have told me that I have no case whatsoever. This is really upsetting!
**A: does your title report and survey show that piece of land?
 
Land appears to be 10' deep across the width of OP and neighbors' properties.

I doubt that the land in question can be improved/built upon at all with even the slightest set back requirements.

Not sure of the concern of who might own it... at it's depth. Most properties where I live, that area is a utility easement.
 

John Se

Member
have you looked at the subdivision platt?

how do you know its not already a utility easement or in the right of way.
 

drewguy

Member
Not sure of the concern of who might own it... at it's depth. Most properties where I live, that area is a utility easement.
Say someone buys it. Then puts up no trespassing signs at the head of the person's driveway and front walk. Not so good, huh? I'm not saying that's what will happen, but that would be my concern.
 

Machinist

Junior Member
reply

Easement by necessity:
A.R.S. § 12-1202 (2010)
(a). An owner of.. land... which is so situated with respect to the land of another that it is necessary for its proper use... to have... a private way of necessity over, across, through, and on the premises, may condemn and take lands of another, sufficient in area for the construction and maintenance of the private way of necessity.

---SO, Is going over this strip the only access to this property? Also, does the strip of land originate from being cut from your land at some point in the past?

Going after title company: [check out: Title Ins. Co. v. Costain Ariz., 164 Ariz. 203]

Was the strip of land in the purchase agreement?
 

ScammedInAZ

Junior Member
Easement by necessity:
A.R.S. § 12-1202 (2010)
(a). An owner of.. land... which is so situated with respect to the land of another that it is necessary for its proper use... to have... a private way of necessity over, across, through, and on the premises, may condemn and take lands of another, sufficient in area for the construction and maintenance of the private way of necessity.

---SO, Is going over this strip the only access to this property? Also, does the strip of land originate from being cut from your land at some point in the past?

Going after title company: [check out: Title Ins. Co. v. Costain Ariz., 164 Ariz. 203]

Was the strip of land in the purchase agreement?
The stip of land was not in the purchase agreement. The owners told me that the strip was mine, that I could move my front fence all the way out. That was my understanding. But what they sold me in the purchase agreement was "lot B" or a "one acre parcel". It didn't say "lot A" or "lot B" in the purchase agreement.

Thanks
 

John Se

Member
whats your plat say

consider this: it hasnt had its taxes paid because no one wants it, it was probably some leftover in the ROW that the builder, or subcivider kept who is now long gone. Whomever purchased the tax cert only wants to get thier money back, have you researched it if there is a debt outstanding on the land, what is the tax parcel ID. You have nothing to worry about. Have you looked at your subdividion plat, its on the web at maricopa . gov
 

ScammedInAZ

Junior Member
consider this: it hasnt had its taxes paid because no one wants it, it was probably some leftover in the ROW that the builder, or subcivider kept who is now long gone. Whomever purchased the tax cert only wants to get thier money back, have you researched it if there is a debt outstanding on the land, what is the tax parcel ID. You have nothing to worry about. Have you looked at your subdividion plat, its on the web at maricopa . gov
I've tried looking at the GIS plat stuff, but I don't understand it. All I can see is some parcel ID, the lot name, sizes, etc. Doesn't say anything about easement, road right of way, etc.

Thanks
 

John Se

Member
go to the town and get the subdivision plat

go to the town and get the subdivision plat, or often you can order it through the county recorder.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top