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mfwatkin, Home Buyer in Parkville, MD

Recent Surprise with property lines.

Asked by mfwatkin, Parkville, MD Mon Jul 1, 2013

I closed on a home in Parkville, MD back in December. We have been living here for 7 months and have been happy with our home.

My home was built in 1953 and was professionally renovated prior to sale. It originally sat on a 1.5 acre lot, the previous owner purchased the home two year prior and subdivided the lot. He rennovated the existing home (my home) and sold the second lot (behind my home) to a builder who is going to build a custom home on that lot.

When I had my home inspected, the seller's agent was present, at the end of the inspection I had the opportunity to ask him where the property lines were. He pointed out a groove that was cut in the driveway. And said that the asphalt on that portion of the driveway would be ripped up and that the groove was the property line. The asphalt would need to be removed to accomodate the driveway for the second lot. The line ran perpendicular to the road, which was paralell to the front of my house.

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Answers

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Dear MFwatkin,

You should been provided an opportunity to receive a plat to your lot prior to or a settlement showing the changes to your lot as a result of the subdivision of the lot. By your "description" of dividing the new lot by cutting your driveway in half an "EASEMENT was likely created to access the lot behind your house.

This easement would have to be recorded in the land records of Baltimore County and should have been recorded in your NEW Deed when your settled on your house. I suggest your contact the settlement attorney who conducted your home purchase settlement and sit down with all your purchase documents and express your concerns. You may have at least disclosure issues here from the seller and quite possibly a "Title Insurance" claim if the sub-division or possibly a un-recorded "Easement .....if it was not recorded or not disclosed.

Not having all of your documents I can only speculate at this point....PLEASE CONSULT AN ATTORNEY.

Greg Myers
RE/MAX Realty Group
1 vote Thank Flag Link Tue Jul 2, 2013
Remember, you were a client of the Broker, not your agent. You can also call the Broker the buyers agent worked for and ask to speak to the Broker, or manager. Depending on the type of Title Insurance you purchased, they may have some responsibility. Your attorney would certainly want to contact them.
0 votes Thank Flag Link Mon Jul 1, 2013
Thanks for the quick response Richard,

I had a buyers agent at the time of purchase. I am in the process of getting a hold of my agent. He has since re-located to another state. The seller's agent has was the first on site to offer a solution.

This is my first home purchase, and I am still learning. Contacting the Title Company would be to get a plot map?
0 votes Thank Flag Link Mon Jul 1, 2013
You keep talking about a "sellers" agent, but never mentioned a "buyers" agent who would have been representing you. Did you have one? Also, you might want to contact the Title Company that handled your settlement, as well as a real estate Attorney. Good Luck.
0 votes Thank Flag Link Mon Jul 1, 2013
(Question Continued)

Seven months ago, I come home and the builder for the second lot has a back-hoe and has dumped gravel onthe portion of the lot that I assumed was his. Additionally he has a diagonal line going through my driveway, I come up to him he asks when I would be moving my driveway... I was a little surpised by this question, and he shows me that the white line is the property line, and that he would need to tear the driveway in order to put his driveway in. This was not what was described to me when speaking with the seller agent. I immediately called the seller agent for my home (who is also the seller agent for the second lot), and he showed up an hour later. He was also surprised by the news, and didn't realize that the property lines were NOT perpendicular to the road.

The seller agent calls me the next day and says that he will take care of laying the foundation and gravel for the new driveway (on my lot), and I would just be responsible for the blacktop.

Additional background info:
-I did not have a surveyor come in prior to sale.
-The driveway was one car-width at the road, and two car widths wide at the other end, the groove that was cut would have made it only one car-width wide at the other end.

Questions:
-Can this be considdered mis-representation of my lot? Had I known that the driveway would be torn out, that would have affected my offer, if not make me re-considder making one.

What are my options here?

The bottom line is that I worry that moving my driveway would affect the curb-appeal of the home and make it harder to sell in the future. I was not expecting to have the extra expense of putting blacktop on a driveway.We are still waiting on a surveyor to come by and pin-out the second lot before any decisions are made. The seller agent has been very helpful, but I want to make sure I am not being taken advantage of.
0 votes Thank Flag Link Mon Jul 1, 2013
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