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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27198
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I purchased a house in 2004. On 2016 we put up the house and

Customer Question

I purchased a house in 2004. On 2016 we put up the house for sale and during the inspection and title search is was discovered that the septic system is on some one else's property. The sale fell through and now I have mortgage with a property I can't sell. All these should have been discovered when I purchases the house during the title search and inspection, but it wasnt. What are my legal I options to pursue...
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. The title company makes sure a property title is legitimate, so that the buyer may be confident that once he buys a property, he is the rightful owner of the property. To ensure that the title is valid, the title company will do a title search, which is a thorough examination of property records to make sure that the person or company claiming to own the property does, in fact, legally own the property and that no one else could claim full or partial ownership of the property. During the title search, the title company also looks for any outstanding mortgages, liens, judgments or unpaid taxes associated with the property, as well as any restrictions, easements, leases or other issues that might impact ownership. The title company may also require a property survey, which determines the boundaries of the plot of land that a home sits on, whether the home sits within those boundaries, whether there are any encroachments on the property by neighbors and any easements that may impact an ownership claim. It would have been if they did this, that it would have only been reveled that the septic tank was on someone elses property. If a survey was not done, then it would and could not have been known, since an inspection would not reveal that and is outside the scope of what they do. You need to contact the title company and see if the survey was something they did when searching title and if not, if the title insurance would cover something like this at this time. If it was not done nor were they required to, then you would need to remedy the issue, if you want to sell. I know it is not what you were hoping to hear but if the survey was something that you should have done and outside the scope of the inspection, then you would need to correct it.