Updated over 3 years ago on . Most recent reply
Neighbor building encroachment question. How to handle?
I have a contract in place to buy two lots (.27, .31 acres) They are on the golf course. The problem is that I found out from the plat map that on the .27 acre lot, there is a drive way encroach on one side and there is a corner of a townhome complex encroaching on the other border.
Both encroachments are related to the same POA properties.
The .31 acre has a strip of paved parking space, on this t lot which you can see from that plat map is clearly done by the adjacent neighbour in the townhome.
Would you please advise what steps should I take to clear this boundary issue? These are on a golf course, and flat lots. The owner probably knew all that before I discovered the boundary issues. In addition, I offered a relatively close to the retail price. So he is very cooperative and friendly.
Another thought is that can I sell the lots as is and let the next buyer work something out with the neighbours? could I Just disclose that in the MLS listing agreement or have my broker inform the potential buyers or buyer agents upfront?. It has been in escrow for 7 days in the title company and we just ordered the survey and it will take 4 weeks to deliver. My contract is for 30 days. Should I get back to the seller to ask for an extension and ask the rights to market on the MLS. The question is that can I sell a lot with encroachment?
I need your wisdom to help me find a solution,to learn and grow. I don't mind the work, however, I also not want to be tangled in a legal lawsuit for encroachment issues with the neighbours. Thanks!