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If you don't care, ask the neighbor to file the necessary paperwork to change the plot lines so that the area in question becomes legally theirs.
There is still no reason that this has to be some big issue/legal problem/justification for canceling the contract unless you want to back out. Which despite your protestations that you love the house, it's kind of feeling like you might want to cancel for some reason.
If we do go ahead with the sale, this might be a good solution.
As for wanting to find a reason to cancel, no I actually do love the house and don't want a reason to cancel. The question is do I love it enough to be willing to undergo a lawsuit over a property dispute? No, I don't love anything that much. Hate lawsuits. Life is too short to be willing to go through one again.
I received this e-mail from our realtor this morning: "I'm having the seller remove it. It will be done by closing."
Wish Iknew whether or not this was enough to make the whole thing a non-issue. I WANT to believe it. I want the house, and want to trust that everything is going to happen the way he says. I like our realtor quite a lot. He 's one of the top sellers, he strikes me as a very competent person, and so far I've had no reason to doubt him. I want to go forward. I think. Damn, I'm still a little bit unsure. This really does scare me.
If we get to the final walk through and the fence is still there, what do we do then? Delay closing until the fence is removed?
If you don't care about the small piece of land, then it's not a dispute. Yes, there would be some legalities involved in clarifying the title but unless you are claiming it's yours and they are claiming it's theirs, no dispute, just paperwork and it sounds like you'd be ok with them taking title so even if they did want to claim it, the dispute would only happen if you wanted to fight over it. If you don't care about this little strip of land, where is the dispute??
But based on the update you just posted, even that doesn't seem like it's going to be the case.
I received this e-mail from our realtor this morning: "I'm having the seller remove it. It will be done by closing."
Wish Iknew whether or not this was enough to make the whole thing a non-issue. I WANT to believe it. I want the house, and want to trust that everything is going to happen the way he says. I like our realtor quite a lot. He 's one of the top sellers, he strikes me as a very competent person, and so far I've had no reason to doubt him. I want to go forward. I think. Damn, I'm still a little bit unsure. This really does scare me.
If we get to the final walk through and the fence is still there, what do we do then? Delay closing until the fence is removed?
Yes, delay.
A better way to handle it would be to have your Realtor keep checking on the status of the fence being relocated. If I were you I would start sending warning "vibes" about a week before COE if the fence has not been removed or relocated yet.
That's a good move having the seller deal with the neighbor because any animosity will be directed at the seller, not at you.
I received this e-mail from our realtor this morning: "I'm having the seller remove it. It will be done by closing."
Wish Iknew whether or not this was enough to make the whole thing a non-issue. I WANT to believe it. I want the house, and want to trust that everything is going to happen the way he says. I like our realtor quite a lot. He 's one of the top sellers, he strikes me as a very competent person, and so far I've had no reason to doubt him. I want to go forward. I think. Damn, I'm still a little bit unsure. This really does scare me.
If we get to the final walk through and the fence is still there, what do we do then? Delay closing until the fence is removed?
Sounds like the situation is all resolved. And you didn't even have to hire a lawyer!
Sounds like the situation is all resolved. And you didn't even have to hire a lawyer!
I would have a lawyer involved in this. As others have said, it's a good move to have the seller take care of it before you buy but on the other hand, he can just rip down the fence and be gone, leaving you to deal with any repurcussions (claims of adverse possession for the time the fence was up, general nightmare dispute, claim of property damage, etc, etc.). A lawyer can ensure that this is properly resolved rather than you taking ownership at the height of the dispute (which would be nicely timed after the fence was removed -- right around closing time!)
I don't know why it's a matter of trust in the agent. He only said that the seller will remove the fence before closing. He's not commenting on resolving the issue nor is he qualified to do so. Removing the fence may create a bad neighbor situation and you're the only one around there to deal with it.
If you really don't care about the land, just leave it as it is.
State laws vary regarding adverse possession. I've been told by a legal authority that you at least need access to that cut off piece of land. In some cases a hole in a wall of brush would suffice. In your case it would be a gate.
Protect your rights. A hole in that fence is important.
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I've recently stayed at a Westin. Their beds are the most comfortable hotel beds I've ever slept on.
Or where the hole is that he stepped in and broke his ankle.
Or, where the dog bit him...
17 feet is a stage for multiple scenarios.
So what... don't own property because someone might fall on it?
This little wedge of land doesn't change the fact that it's a small part of a larger lot. Yes, someone might fall on that, or any other part of the property. I guess that's why we have insurance. Where's the zero risk part of the yard?
Realtors often have a different definition of 'problem solved' as compared to the rest of humanity. And the usual MO is to (ever so politely, of course) make you look foolish and impossible to please. Realtors are simply not qualified to provide guidance on this matter and it would be illegal for them to represent that they have an ability to do so. So while they always have an answer for everything, be smart and work with someone who is qualified to advise on the matters at hand.
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