webwarmiller
Junior Member
What is the name of your state (only U.S. law)? TX
I recently purchased a tract of land within the city of Dallas and have just discovered that there is an encumbrance on the tract due to the prior owner having removed a large number of trees without a permit. In order to build on this lot I will need to plant the equivalent of 176 caliper inches at some other location (that's a LOT of trees). This is an encumbrance on the lot placed by the city of Dallas itself. Having spoken with the city, we know for a fact that the prior owner was made aware of this encumbrance when he attempted to replat the property years ago.
The contract states the below:
Seller's disclosures: Except as otherwise disclosed in the contract, Seller has no knowledge of the following.
1. any flooding of the Property;
2. any pending or threatened litigation, condemnation, or special assessment affecting the Property;
3. any environmental hazards or conditions affecting the Property
4. any dumpsite, landfill, or underground tanks or containers now or previously located on the Property;
5. any threatened or endangered species or their habitat affecting the Property.
So I have 2 questions:
1. Do I have a legal claim against the seller for not disclosing this encumbrance?
2. Do I have a claim against the Title company for not discovering this encumbrance?
Thanks to all that can help me with this matter
I recently purchased a tract of land within the city of Dallas and have just discovered that there is an encumbrance on the tract due to the prior owner having removed a large number of trees without a permit. In order to build on this lot I will need to plant the equivalent of 176 caliper inches at some other location (that's a LOT of trees). This is an encumbrance on the lot placed by the city of Dallas itself. Having spoken with the city, we know for a fact that the prior owner was made aware of this encumbrance when he attempted to replat the property years ago.
The contract states the below:
Seller's disclosures: Except as otherwise disclosed in the contract, Seller has no knowledge of the following.
1. any flooding of the Property;
2. any pending or threatened litigation, condemnation, or special assessment affecting the Property;
3. any environmental hazards or conditions affecting the Property
4. any dumpsite, landfill, or underground tanks or containers now or previously located on the Property;
5. any threatened or endangered species or their habitat affecting the Property.
So I have 2 questions:
1. Do I have a legal claim against the seller for not disclosing this encumbrance?
2. Do I have a claim against the Title company for not discovering this encumbrance?
Thanks to all that can help me with this matter