Help with nonpermitted encroachment (Houston, Howe: real estate, insurance, attorney)

[MadisonFolse]

I bought a lot in the city of Houston knowing that the house behind me built an addition that encroached on my land by 4 feet prior to my purchase. It was my hopes that when the house was torn down I would regain my land. However, the owner, who has not lived in the house for two years is trying to sell the house and buy the four feet from me. What are my options if the person has admitted in writing to the encroachment and had no permit? Can I require that the addition be reduced or can they take the land because of adverse possession?

[HookTheBrotherUp]

Check your title insurance, things like that are often covered so that you don't lose money on your property because of encroachment. It does not sound like your neighbor went through the permit process in the City of Houston, if he did, this would have been flagged. But let's say the neighbor did, then you will have a hard time for the neighbor to tear it down, that is when you would seek compensation from the title insurance.

If your neighbor did not get permits for the building, then you can probably let the city fight this for you and they can be the bad guys and make the neighbor take it down. It sounds like your neighbor knows what was built was not legal, hence, wants to buy you off. You are in a good position, I'd just say no because when you go to sell your lot, it will come up again.

You should probably get advice from a real estate agent though, I'm just guessing here, I don't know anything really, just what I think is common sense.

[fordlover]

Originally Posted by MadisonFolse

I bought a lot in the city of Houston knowing that the house behind me built an addition that encroached on my land by 4 feet prior to my purchase. It was my hopes that when the house was torn down I would regain my land. However, the owner, who has not lived in the house for two years is trying to sell the house and buy the four feet from me. What are my options if the person has admitted in writing to the encroachment and had no permit? Can I require that the addition be reduced or can they take the land because of adverse possession?

Pretty doubtful a potential buyer is going to want to risk buying a home that is encroching another property. I doubt they can force you to sell your land thru adverse possession, however, I'm not sure your likely to be able to force the reduction of the addition because of the large expense in doing so. What might be interesting is if there is some way to require a 'use payment' since they are using some of your property you should be compensated.

You need to talk to a good real estate attorney, and you SHOULD have spoken to one before purchasing the property.

[MadisonFolse]

Thanks for your replies. We did know about the encroachment prior to purchasing the land. We originally purchased 5000 sq feet with a clear title then went back and bought the remaining 500 feet at a steal. The house takes up 30 feet of that. Happy holidays!