COmmercial neighbor's roof overhangs the building I want to buy
This is commercial property in WV. Neighbor (buildings are separated by from 2" to about 18" along a 60' portion of the property line) replaced his flat roof within the last 10 years with a pitched roof that overhangs the building we're looking at purchasing by 12" to 24"x 40'. No survey was ever recorded. Our survey may be the first ever. Seller, who bought property 2 years ago, didn't know about the encroachment. City says, you don't need a building permit if you don't change the footprint of the building, so there was never zoning oversight. Neighbor was ok with an encroachment agreement that he would remove roof if... Neighbor is suddenly no longer willing to sign an encroachment agreement. We would be paying cash, so that a bank won't lend, because there is no clear title, doesn't matter today, but it sure could later. It looks like the neighbor (and maybe the seller too) is trying to force us out of our contract so that neighbor's brother can buy the building we're looking at. Seems like the neighbor has 3 choices: either sign the agreement which Might cause him to change his roof, or go to court and be forced to change it now, or force us out and have his brother buy the building. The seller is wanting us to handle this. The contract says the seller will provide clear title. We want to find a way to buy the building with a clear-enough title for a bank. (If we get forced out, can we make the seller pay us the cost of the survey and 'time' (we're in a position to have to do something) along with the return of earnest money?) Any thoughts? Alternatives?