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Ask Albert Marmero Your Own Question
Albert Marmero
Albert Marmero,
Category: Real Estate Law
Satisfied Customers: 175
Experience:  Partner at Long, Marmero, & Associates, LLP
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I have a buyer commercial bldg., Property is bounded

Customer Question

I have a buyer for my commercial bldg., Property is bounded by a city st, a state hwy, a railroad, and a residence. My 44 year old deed describes a 100' lot but my bldg. is 130' ft long. All corners are known except on city St. end. But bldg. is 60' from streetside. Am I encroaching on city right of way or is my deed miswritten? If encroaching what is remedy? Bldg has been there 43 years. My father built it.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Albert Marmero replied 6 months ago.
I was involved in a similar matter in the past. The only way to know for sure if you are encroaching is to have a survey performed. If it turns out you are encroaching, perhaps the City will work with you. The City has the ability to vacate a right-of-way if its not needed and if your building is their right-of-way then its clearly not needed.In my case, I represent a City and a resident had a home he wanted to sell but ran into issues because his home encroached onto a City right-of-way. He came to the City and explained his situation and the City agreed to vacate the right-of-way and grant it to him so his home was now fully contained on his lot. This then allowed him to sell his home.I hope you found this helpful. If so, please provide a rating and feel free to ask follow-up questions.
Customer: replied 6 months ago.
My real question which I worded poorly is about possibility of deed being miswritten and city having 60' right of way. I already knew about forgiveness by city but don't want to point it out to them. I only agreed to pay $5 but was charged $45. Please refund to my account. I can't sign in because site says wrong password ***** in order to change password ***** insists I give old password ***** it says is wrong. VERY IRRITATING. I CANNOT SIGN IN!

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