U.S. CitiesCity-Data Forum Index
Happy Easter!
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 08-17-2017, 08:59 AM
 
25,876 posts, read 49,787,562 times
Reputation: 19321

Advertisements

Smart Move to address this now...

Don't know the disclosure requirements outside California but the duty would be clear for the brokers/agents here to disclose... and not doing so could come back on them.
Reply With Quote Quick reply to this message

 
Old 08-17-2017, 10:47 AM
 
Location: South Minneapolis
4,530 posts, read 5,063,873 times
Reputation: 6501
Quote:
Originally Posted by jmking View Post
I just talked to the law firm that closed on our house over 2 years ago. They are researching it and will get back.
Good move. Keep us posted.
Reply With Quote Quick reply to this message
 
Old 08-17-2017, 11:32 AM
 
6,209 posts, read 6,589,713 times
Reputation: 3091
Quote:
Originally Posted by Ultrarunner View Post
Smart Move to address this now...

Don't know the disclosure requirements outside California but the duty would be clear for the brokers/agents here to disclose... and not doing so could come back on them.
I just introduced my wife and I to the new neighbor who told me her agent did mention issues with the survey, however, the representative for the developer didn't at closing yesterday. I did talk to the builder who said the developer mentioned it to him and responded that he had nothing to do with this private survey, and had everything to do with the previous survey, the correct survey. So, some disclosure did take place somewhat.
Reply With Quote Quick reply to this message
 
Old 08-17-2017, 11:33 AM
 
Location: Saint John, IN
10,647 posts, read 3,330,507 times
Reputation: 12754
Quote:
Originally Posted by MrRational View Post
The same as should have been the FIRST step: ATTORNEY


AGREED! CALL your real estate attorney ASAP!
Reply With Quote Quick reply to this message
 
Old 08-17-2017, 12:28 PM
 
Location: Southern New Hampshire
6,733 posts, read 11,769,116 times
Reputation: 19390
But again, OP: do you have TITLE insurance? You've been asked this twice (post #12 and post #31). The first time, you responded (post #14) that you had homeowners' insurance (which has NOTHING to do with title insurance -- they are very different kinds of insurance). The second time, you didn't answer at all.

If you DO have TITLE insurance (you likely would have paid for this at closing), they should be able to sort this out -- that is one of the PURPOSES of buying title insurance. (Note, the buyer often also pays for the LENDER'S title insurance, which protects the lender, but that is not the same as having one's OWN title insurance, which protects YOU. So check your closing docs, if you don't remember.)

I wish you luck ...
Reply With Quote Quick reply to this message
 
Old 08-17-2017, 12:54 PM
 
Location: Gulf Coast
1,046 posts, read 548,683 times
Reputation: 2044
TITLE COMPANY. You should have gotten title insurance when you bought the land, whether or not it had a house on it at the time. That's what title insurance is for, to guarantee ownership of this property as stated/drawn on your survey. If someone is messing with your part of the property, a title company will insure that you own it, and if they cannot, they owe you the worth of that, which might be extensive if the boundary now goes over a septic field and driveway. Local regulations usually state how close these things can come to property edges, and if the property edges are now changed, you might be out of compliance.

Do something about it before it's too late.
Reply With Quote Quick reply to this message
 
Old 08-17-2017, 02:56 PM
 
8,395 posts, read 7,388,503 times
Reputation: 18287
When you purchased the house, you should have had a title insurance policy issued that covered a problem like you have. Here is what title insurance is.

What Is Home Title Insurance - Policy Costs, Coverage & Need

If you have a title insurance policy when you bought the property, go directly to them and lay out the problem. They would supply the attorney, and what ever is needed to solve the problem. It is cases such as yours that you always want to get Title Insurance when you buy a property.

You turn the problem over to them, and let them solve the problem at their expense not yours.
Reply With Quote Quick reply to this message
 
Old 08-17-2017, 04:08 PM
 
Location: Cary, NC
31,648 posts, read 55,401,531 times
Reputation: 30198
Quote:
Originally Posted by oldtrader View Post
When you purchased the house, you should have had a title insurance policy issued that covered a problem like you have. Here is what title insurance is.

What Is Home Title Insurance - Policy Costs, Coverage & Need

If you have a title insurance policy when you bought the property, go directly to them and lay out the problem. They would supply the attorney, and what ever is needed to solve the problem. It is cases such as yours that you always want to get Title Insurance when you buy a property.

You turn the problem over to them, and let them solve the problem at their expense not yours.
OP has not confirmed that they had the property surveyed when purchased.
I predict an exclusion on the title insurance policy for issues that may be uncovered by a survey.
Reply With Quote Quick reply to this message
 
Old 08-17-2017, 05:37 PM
 
6,361 posts, read 7,344,952 times
Reputation: 10822
Quote:
Originally Posted by MikeJaquish View Post
OP has not confirmed that they had the property surveyed when purchased.
I predict an exclusion on the title insurance policy for issues that may be uncovered by a survey.
Quote:
Originally Posted by jmking View Post
I bought a new house on a half acre lot 2 years ago. Surveys were done, stakes placed, looks normal.
My reading was that a survey had been done, therefore an exclusion was likely not included. But who knows if he even had title insurance?
Reply With Quote Quick reply to this message
 
Old 08-17-2017, 07:13 PM
 
Location: Cary, NC
31,648 posts, read 55,401,531 times
Reputation: 30198
Quote:
Originally Posted by jackmichigan View Post
My reading was that a survey had been done, therefore an exclusion was likely not included. But who knows if he even had title insurance?
Too often, buyers accept a generic survey that was performed for another party, without having one of their own done.
So, the statement is vague, IMO.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top