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My wholesale home is encroaching on the neighbors property

Lenorse Mckenzie
Posted Jun 8 2022, 12:14

I have a deal under contract were the actual home Im purchasing is potentially encroaching on the neighbors yard by a couple of feet. I found this out because while I was inspecting the home the neighbor came out and told me this was the so. The neighbor has a vacant lot in between his house and my house. The home is on the vacant lot by a couple feet at most. He mentioned he had a survey to confirm. My property is about 60 years old, so this is a very old situation. I was told by my real estate attorney that an encroachment agreement would resolve the issue but I dont suspect the neighbor will NOT sign based on our first interaction. My question is what is the worst case for me as the wholesaler and my potential buyer that has already signed to purchase the contract. I will be performing a double close on the property as well. Is there a grandfather law that prevents him from  taking over the property or suing? Thanks for your help.

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