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What Happens if a Seller Fails to Disclose Defects When Selling No excuses. The encroachment must be shown by a land survey that depicts the actual boundaries. If your neighbor is unable or unwilling to remove the encroachment or encumbrance, but is otherwise open to resolving the issue, you may wish to consider selling the encroached upon portion of your property to him. My neighbor moved in next door 3 weeks later and attaches his fence to my fence without notification. He is also a published poet, musician and nature-lover. This may include the following: In case of the failure to fully disclose, getting all aspects of a sale in writing is highly important. Ty holds a Professional Writing Degree from Missouri State University with a minor in Economics. He used a GIS survey for the property deed description, which revealed the encroachment of a fence previously believed to be the property boundry since 1990. If you do not disclose, you may be sued for compensation to remedy the problems. Small Claims - seller did not disclose encroachment (insurance These issues must be resolved before you close because it clouds the title. As an HOA we have no control over trespassing and potential liability from drowning or poaching fish and increased risk for crime and traffic fatalities. A breach in contract could be the difference between selling your house in a month and selling it in four. As a property owner, you should ask the . He refuses to obtain a survey description of the fence. Question: does a land developer or City Commission have the right to stub or connect roads from the new subdivision into our existing neighborhood without majority permission of residents from our subdivision? We also found. Some common examples include: Some of our partners may process your data as a part of their legitimate business interest without asking for consent. For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. However, you have a practical problem that mortgage lenders do not like to make mortgages on property where there is a questionable title. The buyers have received the survey and it shows an encroachment that the sellersdid not previously disclose. John has listed the property at 17 Oak St. Often, encroachment is a problem along disputed property lines, where a person intentionally chooses to violate his neighbors boundaries.
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seller did not disclose encroachment