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Old 01-25-2019, 06:17 PM
 
957 posts, read 1,036,365 times
Reputation: 1507

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Headed to small claims because the seller of my property did not disclose that the neighbor's driveway encroached on my new property. I have remedied the situation with a survey, and some temporary fencing, and am asking for the full amount allowed in small claims to put up fencing I find suitable to fence out the neighbor, to cover the survey and attorney fees. The lack of disclosure caused the neighbor (who purchased after I did) of the property that had the encroachment to literally go crazy, stalking and harassing me to the point that she was arrested, there have been 20+ calls / cases of her stalking me made to the sheriff, and in the end she put up a spite fence made out of sheet metal.

The seller's attorney has sent two letters trying to settle, but wanted me to sign "a waiver and release of all claims" against his client. Meaning I couldn't go after them if I found future property defects they did not disclose. Of course an attorney I used for a demand letter did not recommend that. The attorney pretty much admitted in the settlement letter that his client lied but stated no judge is going to be concerned with a minor encroachment. The property line is off 6' at the narrowest area and 20' + in other areas.

I have emails from the previous owner of the neighboring property that the seller indeed knew of the encroachment.

Any advice?

Last edited by gray horse; 01-25-2019 at 06:44 PM..
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Old 01-25-2019, 06:56 PM
 
67 posts, read 14,221 times
Reputation: 227
Follow your attorney’s advice.
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Old 01-25-2019, 06:56 PM
 
Location: NC
6,100 posts, read 7,293,500 times
Reputation: 12112
Isn't that why you get your own survey before you buy and also get a title search and title insurance?
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Old 01-25-2019, 07:05 PM
 
957 posts, read 1,036,365 times
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Quote:
Originally Posted by luv4horses View Post
Isn't that why you get your own survey before you buy and also get a title search and title insurance?
The sellers disclosed they had a survey and also that there were no encroachments.
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Old 01-25-2019, 07:59 PM
 
2,955 posts, read 2,952,084 times
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Quote:
Originally Posted by gray horse View Post
The sellers disclosed they had a survey and also that there were no encroachments.

Did they give you a copy of the survey?
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Old 01-25-2019, 08:16 PM
 
957 posts, read 1,036,365 times
Reputation: 1507
Quote:
Originally Posted by MidValleyDad View Post
Did they give you a copy of the survey?
No...
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Old 01-25-2019, 08:22 PM
 
Location: Rochester, WA
4,334 posts, read 2,366,610 times
Reputation: 12105
Full disclosure, I am not a lawyer or a judge, merely a fan of daytime court shows...

IMHO, it is possible you might be able to recover for your costs to remedy the problem (survey and attorney fees to solve the problem) I'm not sure you can recover from your seller for the fence, which is an improvement, or for the neighbor's crazy behavior, which is not the seller's fault.
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Old 01-25-2019, 08:24 PM
 
Location: The Triad (NC)
27,441 posts, read 59,411,783 times
Reputation: 30311
Quote:
Originally Posted by gray horse View Post
seller did not disclose encroachment

Any advice?
Look at the survey you had done at your expense prior to closing.


EVERY buyer needs a survey of their own. No excuses.
Caveat emptor applies
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Old 01-25-2019, 08:45 PM
 
Location: Rochester, WA
4,334 posts, read 2,366,610 times
Reputation: 12105
Yes and no... It's actually not common in our area to do a survey, unless there is some controversy or uncertainty about the property lines. Have only had one transaction where a survey was done... and it was on a vacant parcel with no clear markings at all... and the seller paid for it.
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Old 01-25-2019, 09:35 PM
 
Location: Cary, NC
32,214 posts, read 56,369,486 times
Reputation: 30941
Quote:
Originally Posted by CalTex Ranger View Post
Follow your attorney’s advice.
Right.
Or get another attorney and follow that one's advice.
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