QUESTION
what are my rights if I find a property encroachment after I purchase a house?
Asked on Aug 07th, 2012 on Business Law - Idaho
More details to this question:
In 2009 I purchased a home and discovered the neighboring garage encroached 5ft onto my property. No one wants to help me and I''m concerned with re-sale ability and the fact I''m not receiving the property size I purchased. The city says the structure is 20+ years old thus is grandfathered in even though it was built illegally without a permit, and the title company says since it wasn''t reported its not their problem. Someone has to be accountable because now I''m stuck in a really bad situation and my neighbors all hate me for pointing this out. What options do I have?
1 ANSWER
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You erred when you purchased the property -- you failed to conduct a survey and thus have taken the property subject to the encroachment. The title company's policy expressly omits coverage for matters that could have been detected through a survey.
One option would be to negotiate a property-line agreement with the owner of the garage. In order to avoid a fight, he might be willing to give you a portion of his property equal in area to the size of the encroachment. An attorney who practices real estate law can assist you in this matter.
Answered on Aug 07th, 2012 at 3:36 PM