Needhelp, Both Buyer and Seller in Roanoke Rapids, NC

I bought a house on a wedged lot during the signing I was told that the corner of my house was 16 inches to

Asked by Needhelp, Roanoke Rapids, NC Mon Jun 1, 2009

close to the property line. Is this a problem on resale and how do I get this fixed? The line was moved at some point this might be why its to close now.

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"The line was moved at some point"...can you prove that?

You should have asked this question prior to closing. This would have been a great negotiating point. Now it is up to you.

Whomever you used to close this sale (attorney, Realtor, etc.), go back to them and get some answers. IMHO they owe you.
Keith
0 votes Thank Flag Link Sat Jan 2, 2010
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
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Well, you were allowed to buy the property with this encroachment and the previous owner did not have trouble selling it to you. On a survey it must be marked as an encroachment and is filed with the register of deeds at the courthouse existing before sale. Consulting with zoning may prove this is acceptable. If changes are allowed, inquire about the process. Often we find approval of these "problems" filed with deeds during the attorney's title search prior to sale., but lines can be moved with administrative help by the city.
Without knowing your situation in its entirety, the complete answer is impossible. Please contact me for other questions.
0 votes Thank Flag Link Fri Jan 1, 2010
Yes, this could very likely be a problem, and the future buyer's will have to know, because you will have to disclose it to them as a material fact. Failure to disclose this to future buyer's could cause liablitly on your part to correct the problem.

How did this problem come to your attention? Did you have a survey done, or did the seller disclose it to you at closing?
Web Reference: http://www.tri4sale.com
0 votes Thank Flag Link Mon Jun 1, 2009
Yes, this could be a problem when you go to sell your home. But not necessarily. If the person you sell it to orders a survey, their closing attorney or title company will surely bring this to their attention and it could cause them to back out of the deal. Especially if the contract is contingent upon a survey. If they don't order a survey then they won't know so it shouldn't matter.

Easements/encroachments are extremely difficult to have fixed. You will have to call a local real estate attorney and have them look into this. If its a utility easement, basically your city will have the right to come in and do any kind of work that needs to be done where the utility line runs. If your house runs on the corner of the utility easement, they don't have to fix anything on your home in the event they need to access where your house crosses that path. Talk to whoever told you this and dig a little deeper. Or talk to your real estate attorney to find out what type of easement/enroachmenth this is.
0 votes Thank Flag Link Mon Jun 1, 2009
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