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Title Insurance Claim?

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JAP1958

Junior Member
#1
What is the name of your state? PA

We bought our home 9+ years ago and, due to a dispute with a neighboring property, learned that part of our driveway is on the neighbor's property.

On the advice of our homeowner's insurance company, we'll be filing a title insurance claim, since we don't have "free and clear" title to (all of) the property we purchased.

Might the title insurance company pay for the cost of the easement to be agreed upon by us and the neighboring property? According to the neighboring property's lawyer, the cost for the legal document and filing the same will be about $1500.
 


FlyingRon

Senior Member
#2
If it only takes $1500 to settle it, that is a likely resolution. You shouldn't be "negotiating" anything at this point. Turn over everything you know tot he title insurer.
 
#3
According to the neighboring property's lawyer, the cost for the legal document and filing the same will be about $1500.
That doesn't make any sense.

Just how much of your driveway is on the neighbor's property (width in feet)?

Is it a rectangular strip or does it angle towards the neighbor's property?

And can you still get your car in and out without using that strip?

Answer those questions. I'm going somewhere with them.
 

justalayman

Senior Member
#4
What is the name of your state? PA

We bought our home 9+ years ago and, due to a dispute with a neighboring property, learned that part of our driveway is on the neighbor's property.

On the advice of our homeowner's insurance company, we'll be filing a title insurance claim, since we don't have "free and clear" title to (all of) the property we purchased.

Might the title insurance company pay for the cost of the easement to be agreed upon by us and the neighboring property? According to the neighboring property's lawyer, the cost for the legal document and filing the same will be about $1500.
Have you had a survey based on the description of property in your deed that shows you have a claim to the area your driveway is on? If not it would appear you do have full use of the property you purchased but also want to use some of the neighbors property.

I suggest you read your title insurance policy to review what it actually covers.
 

JAP1958

Junior Member
#5
That doesn't make any sense.

Just how much of your driveway is on the neighbor's property (width in feet)?

Is it a rectangular strip or does it angle towards the neighbor's property?

And can you still get your car in and out without using that strip?

Answer those questions. I'm going somewhere with them.
Only about 22 square feet are on the neighbor's property - a rectangular section and we can get our cars in an out without using that strip . .
 
#6
Only about 22 square feet are on the neighbor's property
I asked for the width, not the area. But, OK.

I'm not sure I see this as a title issue. You didn't buy property that was bounded by the edge of the driveway, you bought property that was bounded by the property lines described by your legal description and county property plats. That means you have free and clear title to all the property that you purchased but your driveway is encroaching on the neighbor's property.

If that's the case I don't see where you need to do anything unless you want to slice off that piece of the driveway to conform to the property line.

Have you determined the actual location of the property line from county records or surveys or are you just thinking of where it looks like it should be?
 
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