part of house on neighbors property (sale, fees, properties, lawyer)
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.
In the 1940's, my grandfather built himself a house in Florida. He has long passed away and the house belongs to my family. It is a rental right now because we do not have a clear title. Seems like grandpa built about a foot of the house over the adjacent property line. One day, we will want to unload this house, because it isn't worth that much, maybe $90,000 just my estimate. Does anyone knowledgable in real estate law have any idea what can be done to obtain a clear title. One of my brothers thinks it would cost a lot in lawyer fees. Any advice?
In Texas you would need to negotiate with the neighbor to obtain title to that portion of land required for the house. If there are any side or setback restrictions then you would need to account for those in addition to the actual land the house sits on in order to sell the house with no deed or restriction violations. I am sure that it is the same or similar everywhere else in the US except for possibly Louisiana which has a different legal foundation than British Common Law.
This can be done by getting the neighbor to give you a quitclaim deed to that portion of land (likely would required a new survey to designate the parcel). They may give it to you outright if everyone is on really good terms and is very very nice and polite. You may have to purchase it from them if not.
Once you have title to the required land, you just include both properties (existing house deed and newly acquired land parcel deed) in the sale transaction for the house.
It may cost more that the standard transfer legal costs the first time around, but if you are patient and nice to everyone for doing you this favor, you should be able to get it done reasonably.
If as you state that the house was built in 1940 then you should contact an attorney and file for adverse possesion. That should clear up your title and make the property saleable.
WOW that sounds like a lot of work. I am not even sure who the neighbors are. Unfortunately, my grandfather was not very well liked when he was alive, but he died in 1979, so maybe the neighbors now aren't the same 30 years ago.
Well at least I now have an idea where to start.
If as you state that the house was built in 1940 then you should contact an attorney and file for adverse possesion. That should clear up your title and make the property saleable.
In the 1940's, my grandfather built himself a house in Florida. He has long passed away and the house belongs to my family. It is a rental right now because we do not have a clear title. Seems like grandpa built about a foot of the house over the adjacent property line. One day, we will want to unload this house, because it isn't worth that much, maybe $90,000 just my estimate. Does anyone knowledgable in real estate law have any idea what can be done to obtain a clear title. One of my brothers thinks it would cost a lot in lawyer fees. Any advice?
You can get an easement based upon the time period that has passed. Any real estate lawyer should be able to drop up the papers
It isn't as scary as it sounds. They do a lot line adjustment to the two properties. It's called adverse possession since your grandfather did not have legal right to possess that portion of his neighbors property and took it adversely.
You will need to pay for a new boundary survey to outline to new corners of the two different properties.
All good advice and it's really not as complicated as it sounds. Just approach the neighbor's nicely and explain the problem. It's no one's fault (at least no one who's alive).
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.
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.
