Property Q&A in Hixson>Question Details

Annegallaher, Home Buyer in Hixson, TN

My neighbor recently put his house up for sale and got really aggrivated when I had my lot surveyed to establish the property line. He immediately

Asked by Annegallaher, Hixson, TN Tue Nov 10, 2009

pulled up the flags and started threatening me with a hammer. The question is whose responsibility is it to establish boundaries and if he is being deceitful to his buyer (he had a contract after four days) can he be sued?

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Wow Anne, the land boundaries are probably the least of your concerns right now. Crazy Hammer Guy would be what I see as the real problem. To your questions: The buyer and the seller share responsibilities to know the details of the property (an attorney can help sort this out for you), BUT the seller cannot legally mislead interested parties. There are several disclosures that attempt to protect the buyer in this way. Unfortunately, in practice every day, the property lines are typically something that the buyer needs to verify in part because homeowners can also make honest mistakes. Displaced structures, and especially fence lines, get misjudged all the time.

An attorney would need to be the one to say for you. After all, the homeowner could be in huge trouble if there were attempts to trick the home buyer (that are harmful and able to be proven). I would hate to see someone mislead at all, but especially if they could have been notified before completing the sale on their new home. Do you have reason to believe that this was the case?


Kevin Pellatiro
Hoping to help you take advantage of the market – when you are ready.
(615)714-7918 | kpellatiro@realtracs.com | http://signswemustobserve.blogspot.com/
0 votes Thank Flag Link Tue Nov 10, 2009
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