Your RALEIGH (WTVD) -- As a general rule, whatever you "disclose" about your house has to be correct. Any disclosures made to the other party should generally always be in writingthis protects everyone involved if there are disputes over disclosures down the road. Hello Joanne, you may want to start by getting an updated survey from a surveyor who you both agree is a neutral third party. Buyer's personal circumstances. Especially if the party who discovered it backs out of the transaction because of it. Law, Immigration I informed him one day last year and gave him a copy of the survey I had from the time I bought my house. The individual wants to see what they can get away with and deliberately encroach on someones land. I am a firm believer if you use common sense you will be fine. What Happens if a Seller Fails to Disclose Defects When Selling Give your neighbor the benefit of the doubt when you first broach the subject, and take inventory of how a potential adverse possession or prescriptive easement might affect your property value before coming to an encroachment agreement. Can I sue the people who sold me land without disclosing an - Avvo My question is can I build a fence inside my property to block the neighbor from trespassing? The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. Ideally, you would both agree to accept the results of the updated survey, but you may want to speak with a local real estate attorney to see what your options are. Above, we noted that an easement is an authorized and legal means of allowing another person access to your land. If youve encroached on your neighbors land or theyve encroached on yours, its up to you to get it sorted out. I had to hire a Lawyer and this has been going on for 2 years. Small Claims - seller did not disclose encroachment (disclosure, fees Another option would be to sell the land thats being encroached upon by your neighbor to that neighbor. The property owner on whose property the encroachment is located cannot simply claim that it is their land. An encroachment refers to a situation where one property owner builds or extends something on their neighbors property. Save my name, email, and website in this browser for the next time I comment. 5. What Does Encroachment on a Property Mean? When aseller fails to disclose a material, latent defect, that seller is liable for any costs the purchaser has to pay to remedy the situation. SECTION 27-50-10. However, encroachments can make it hard to establish property lines, and they can create new title problems. If youre looking to get an encroachment handled when buying or selling a property, here are a few solutions you can try. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below.
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