Realtors know that properties with a "reputation" are often hard sells. Make yourself familiar with minor, major and structural encroachments to become a well-versed home owner. Shop all your financial options in one place. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law The sellers have received and accepted an offer from the buyers. I developed this theory over the years, that if you want to have a smooth Escrow Period you need to have Disclosure Strategy. I am not a lawyer and I do not know the laws that apply in your state/county, so I would recommend speaking with your lawyer again to see what advice they can give you regarding your neighbors suit. Evidence of any restrictions to the use of your property. In many cases, you can resolve your dispute simply and inexpensively. If the seller fails to give the buyer an ATO Clearance Certificate, the buyer must withhold 12.5% of the purchase price at settlement. In addition, it clouds the title, so banks wontagree to underwrite a loan. Selling My House: If I Fail to Disclose Something to Buyers - Nolo The neighbor doesnt have to go through the hassle of moving something that may be difficult or impossible to uproot, and you still receive some sort of compensation for the portion of your property that youd be giving up. The encroachment must be shown by a land survey that depicts the actual boundaries. Structural encroachment, for instance, occurs when a neighbor deliberately builds property on land they don't own. You may need to consult a real estate attorney. Questions On Encroachment reliable, professional survey strengthens your claims. If you think someone is encroaching on your land, you can also order a title search. You will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision. The seller stated they had a survey done and in addition stated there were no encroachments. Hello Maria, Im afraid I cannot offer legal advice. Fact: A seller does not have to disclose if they believe a property to be haunted. So why put yourself in a potential law suit, after all it could have been easily prevented. An easement also starts with something being built on or above your property. I find it an affront that anyone should so blatantly take advantage just because I am not using my property!
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seller did not disclose encroachment