Dallas, TX · Member since 2018 · 43 posts · 54 votes
Hi All,
Looking to put in an offer on a duplex here in the DFW area. The seller´s agent just got back to us and informed of a property lines encroachment. Should we put them under contract and have the seller offer to buy the foot of land being encroached or offer less and offer to purchase the land myself? Oddball question, but would appreciate any thoughts on this one, thanks!! P.S. The encroachment has been known and ongoing for 20 years.
1. You (or the seller) *might* have an adverse possession claim. Talk to a local real estate attorney to see if it's worth the cost and aggravation of pursuing it. Or potentially work out an easement.
2. Does the person the property is encroaching on actually want to sell that 1 foot? What if they decide to enforce their rights? If it's an 8' X 10' shed, just move it. If it's the duplex itself that's encroaching, that could get pretty ugly.
Either way, a local real estate attorney would be my next call - BEFORE proceeding with the purchase.
Dallas, TX · Member since 2018 · 43 posts · 54 votes
8y
@Charlie MacPherson Thank you for your insight. I have been asking the seller to speak with his neighbor to see where we stand on either purchasing the piece of land being encroached on or working out some type of easement. I will go ahead and reach out to an RE Attorney today to see what they recommend, thank againg for your comments.