Question Details

Jerry, Real Estate Pro in 20020

land survey issue during closing

Asked by Jerry, 20020 Thu Apr 30, 2009

I am a buyer and my settlement attorney discovered an encumbrance on the land survey. The attorney found that the fence on the house is 2-3 ft onto the public/city property. The sellers were not aware of this and the fence was there prior to them moving in. The attorney said that in order for me to obtain title insurance on the house, I would need to sign a hold harmless agreement stating that I am aware of the encumbrance and that will not hold his settlement company and the title insurer responsible if I had to pay to correct the problem in the future. What should I do? Should I sign the hold harmless agreement?

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