My real estate agent sold me our house on a main road but somehow we dont own our driveway? But he told us we did. MLS said so also. our fault or his?

Asked by Amariekins92913, 19014 Mon Jul 25, 2011

We found out 6 months after moving in that we did not own our driveway or half our backyard. We found out that our driveway was on a second lot. Driveway has been there for 30 years though. We talked to our realtor and he said it was not his problem. He was our realtor but also the realtor or agent for the man that owned this house. So he did everything. When our house was appraised it was appraised with the driveway and half the backyard with it. We were also First time isn't our appraisal wrong? Also is this my realtors fault? I feel he is responsible for some of this.

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Gerard Carney, Agent, Spring Hill, FL
Mon Jul 25, 2011
Oh but it was his problem but also yours, Did you not have the property surveyed when you purchased it, did you not look at the property card from the county appraiser and did you not have a legal description. As far as the driveway on other property it is okay as this is prove easement to you for the purpose of entry and exit from your property, as to the back yard not all being yours, this you need to question the board of Realtors on for the local association that your agent belongs to! Get this straightened out. I have to tell you no matter what you do, you will need a Real Estate Attorney on this case as it will be technical and full of legal description!
2 votes
Steve Sisman, Agent, Media, PA
Mon Jul 25, 2011
Good afternoon Amariekins92,

My best recommendations are: 1- contact the closing title company, name should be located on HUD-1, closing sheet, and explain the property line situation. You title insurance policy may cover this issue, 2-contact you mortgage lender and advise them of the situation, 3-contact a "REAL ESTATE ATTORNEY", 4-contact the Broker of the agency that represented you and discuss this situation with them; and, Lastly, you have the right to file a complaint with the local Board Of Realtors. Good luck, I hope this works out for you. Steve
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Robert Schult, Agent, Sarasota, FL
Mon Jul 25, 2011
Its hard for me to believe that so many people missed this prior to closing. Things like this do happen, but it should have been very apparent on the survey if one was performed. There appears to be many issues here and I highly recommend speaking with a real estate attorney who can at the very least get you headed in the right direction in getting this straightened out.
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