QUESTION

If the home I bought is on the wrong property, who is responsible ?

Asked on May 10th, 2015 on Real Estate - California
More details to this question:
purchased a manufactured home in 2006, on a lot with a driveway, a well...etc. In 2010 a new survey was brought to my attention that my home was on 4, 25 ft lots belonging to 4 different people. My title co. said they only insured title on the lots I purchased -(not their fault that my house wasn't on those lots). Century 21(who sold me the house) takes no responsibility because I paid cash 210,000
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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If you discovered this problem in 2010, then it is probably too late to recover any compensation from the seller or the real estate broker. The statutes of limitation, the time after which a claim is barred, are 2 years, 3 years or 4 years, for most types of claims. This one is at least 5 years old. You will need a real estate lawyer with experience dealing with encroachment to help you negotiate a solution to your problem, with the four neighbors. That would start with reviewing the deeds and title reports for all the effected properties and the survey. If there is any uncertainty, I might recommend getting your own survey, too. It depends on what the paperwork looks like. At $210,000.00, you can't afford to go to court over this. You need someone who can help you negotiate a way out of this. Fortunately, that probably applies to the neighbors, too. If you would like to discuss hiring our firm to assist you, please call me. Dana Sack 510-286-2200  
Answered on Jun 08th, 2015 at 11:58 AM

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