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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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I'm in the process of buying my first home my lawyer

Customer Question

I'm in the process of buying my first home my lawyer discovered that our prospective neighbor has 3 feet that belongs to us. He is being difficult about it and as it stands the (my) house side wall is the now property line, when it actuality I have 3 feet beyond that. In the future I liked to fix my chimney but like this I would have to ask for permission, although 3 feet of it is ours. What can I do?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 9 months ago.

Hello,

Thank you for the information and your question. If you are not yet the owner of the property, you can't do anything from a legal perspective. You should think hard before closing on a piece of property when there is property line dispute since you will be taking the property subject to that dispute which could cost you additional funds in legal fees.

The current owner, if they cannot convince the neighbor that they are encroaching over the property line, can file a quiet title suit and the court, if this is the neighbor does have their wall beyond the property line, can order the neighbor to move it and absorb the expenses related to that. If this doesn't get done before you purchase the property, you will have to go to the expense of hiring an attorney and filing suit. If you didn't need this land, which it appears you do, then the current owners could agree to a quit claim transfer of that strip in exchange for payment from the neighbor. That though does not sound like an option, so thus the need for a quiet title suit either by the current owner (which most attorneys would recommend), or by you, once you close.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 9 months ago.
as it stands the (my) house side wall (where the Chimney is) is the now property line, when in actuality I have 3 feet beyond that. In the future I liked to fix my chimney but like this, I would have to ask for permission to step on "their (supposedly) property", although 3 feet of it is ours. What can I do? Is there anything I can file/revisit?
Expert:  Marsha411JD replied 9 months ago.

Thank you for your reply. I did understand the facts and my answer was based on those facts. So, to summarize, you, or the current owner will have to file suit for quiet title if the neighbor doesn't voluntarily remove the wall. Asking for permission is not a legal solution and is at the whim of the neighbor and shouldn't be done if that is your property.

Expert:  Marsha411JD replied 9 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 22nd. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I did not receive your rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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