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Old 01-26-2019, 11:30 AM
 
Location: Raleigh NC
8,251 posts, read 6,492,141 times
Reputation: 7239

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Quote:
Originally Posted by CalTex Ranger View Post
Follow your attorney’s advice.
this, and if it hasn't been clarified - you found out about the encroachment before you closed, as well as had a home inspection?

I'd think it would be typical in a settlement to do just that - settle. Which means "this is all the claims I have".
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Old 01-26-2019, 11:34 AM
 
Location: Raleigh NC
8,251 posts, read 6,492,141 times
Reputation: 7239
Quote:
Originally Posted by gray horse View Post
There is at least one or two threads about the problems with her on this forum that provide some good entertainment.
wouldn't it have provided valuable background to have simply addended to one of those topics?
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Old 01-26-2019, 11:48 AM
 
960 posts, read 1,037,574 times
Reputation: 1507
Quote:
Originally Posted by BoBromhal View Post
this, and if it hasn't been clarified - you found out about the encroachment before you closed, as well as had a home inspection?

I'd think it would be typical in a settlement to do just that - settle. Which means "this is all the claims I have".
I did not find out about the encroachment until about 9 months after I moved in. Yes I had a home inspection.
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Old 01-26-2019, 11:50 AM
 
960 posts, read 1,037,574 times
Reputation: 1507
Quote:
Originally Posted by BoBromhal View Post
wouldn't it have provided valuable background to have simply addended to one of those topics?
Those threads are about the problem neighbor, this thread is focused on a seller committing disclosure fraud, and resolving / arbitrating it in small claims.
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Old 01-26-2019, 05:08 PM
 
Location: Aurora Denveralis
5,017 posts, read 1,654,263 times
Reputation: 7360
Quote:
Originally Posted by rummage View Post
Why not? Who buys property without a current survey?
I've never had a survey done on suburban property when a construction plat was filed. Any encroachment on the plat or construction boundaries is prima facie after that.

Vacant property? Newly divided property? Commercial property? Sure. But residential/suburban? It's not worth the cost and title review/insurance should bear any costs. Encroachment should be evident by simply standing at the corner markers and eyeballing things.
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Old 01-26-2019, 05:17 PM
Status: "waiting for God," I am female" (set 15 days ago)
 
Location: Northern panhandle WV
2,785 posts, read 1,949,246 times
Reputation: 5866
Quote:
Originally Posted by rummage View Post
Why not? Who buys property without a current survey?
I expect a majority of buyers do. surveys are very expensive and can take time, so what if you are considering between a few houses, do you have them all surveyed before making an offer?
Honestly how often on these boards do you see buyers mentioning having a survey done, Inspection yes but I expect seldom a survey unless there is a clear reason to have one, or it is a large property such as land.
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Old 01-26-2019, 06:17 PM
 
Location: The Triad (NC)
27,455 posts, read 59,428,398 times
Reputation: 30333
Quote:
Originally Posted by arwenmark View Post
surveys are very expensive and can take time
Never paid more than $500 or required more than an afternoon to do. Last one was $350 & 2 hours on site.

Quote:
...so what if you are considering between a few houses, do you have them all surveyed before making an offer?
Nope. It's part of the due diligence inspection process.
But if the seller says they have one... DEMAND to see it.

Quote:
Honestly how often on these boards do you see buyers mentioning having a survey done...
Clearly not enough if the message hasn't gotten through.
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Old 01-26-2019, 07:21 PM
 
Location: Raleigh NC
8,251 posts, read 6,492,141 times
Reputation: 7239
I find it hard to believe that NC is vastly different on this point:

title insurance does NOT cover matters of survey.
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Old 01-26-2019, 07:35 PM
 
Location: Aurora Denveralis
5,017 posts, read 1,654,263 times
Reputation: 7360
From FindLaw:
Quote:
[title insurance] policies usually exclude coverage for boundary disputes. This is understandable, at least in urban and developed suburban areas, where surveys are not necessarily a part of the real estate transaction.
I find the second sentence the least surprising. There can't be a need for re-surveying a hard-marked 1/5-acre parcel in... one in a thousand cases. One in ten thousand for something that can't be resolved by moving a fence or shed.
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Old 01-26-2019, 07:50 PM
 
11,425 posts, read 4,152,869 times
Reputation: 4983
Quote:
Originally Posted by MrRational View Post
Never paid more than $500 or required more than an afternoon to do. Last one was $350 & 2 hours on site.

Nope. It's part of the due diligence inspection process.
But if the seller says they have one... DEMAND to see it.

Clearly not enough if the message hasn't gotten through.
As far as the states of the SW US are concerned surveys are simply not done. There is no reasonable process to get one done at a reasonable rate. We also do not use lawyers in a normal transaction. They come in when something is broken. And all this works fine.

It is not a part of the normal due diligence. It may come up in an unusual property or one involving non platted real estate. But in the normal home transaction it is up there with hens teeth.
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