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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2769
Experience:  Helping you with your legal questions.
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We bought a rent - to - own home 9 years ago from our

Customer Question

We bought a rent - to - own home 9 years ago from our neighbor and totally paid it off in October 2015. The owner of the property also has a home next door to ours, after we had lived here for several years he had the land surveyed and put up a chain length fence about 6 or 7 years ago. When we signed the lease to own agreement there was a small storage barn on the property that the sellers told us it would stay with the home which was about 10 foot over on their land. They stated they would just sell us a few more feet @ the back of the property to compensate for the barn, but the price would stay the same....... Eventually we bought a large workshop and had the back of the barn placed totally even with the smaller barn that we assumed was part of our yard. Our seller decided to rent the house next door to ours. So, he put a chain length fence up to separate the two yards. He had no survey to go by, he just placed it where he wanted it. So, for all these years we thought what we bought and paid for was ours. Also, @ the time we signed the agreement the septic tank that went with the sale was on the other side of the fence. He has a house on the property next door that had been empty for years. He decided to start renting it out. He installed a bigger septic tank and joined the rent house line onto the tank that we thought was ours. So there is one tank for 2 homes. Here's the problem: Last October he had the properties surveyed. He said that the fence he put up is about 4 inches on this side of the legal property line,which gives us less property. The fence in the back is over the legal property line, which is about a 40 foot by 50 foot piece of land. He wanted that back, and told us we were going to have to move the barns off his property, so he could put the fence in the proper place. Well, we hired someone to move them and I'll have to say caused a big financial strain on us, but we had it done within a week after he asked us to do this. He also told us that now WE have to buy a new septic tank and put it on our property as soon as possible because the one that is installed won't be big enough for 2 houses. Now, all this is after 9 years of thinking the property was ours and the septic tank was ours....The barns we moved quickly, the septic tank, we haven't installed yet and are still on the same one we thought was ours. He first told us all this over a year ago....he has YET to move the fence. The land he says is now husband still keeps it up. Of course we have to or else our yard would look horrible. I got to thinking how much time, money for the gas that has to go in the lawnmower and weed eater, string for the weeder, fertilizer ....just all the things it takes to keep a yard looking nice. But this man NEVER offers help to keep his part cut, no money for gas, NO NOTHING!!!! We live in Plainview, Arkansas (YELL COUNTY)....our lot size is just under an acre (.88)...My husband is a Vietnam Disabled Vet. & I am on Social Security....Of course he is treated @ the VA, but I am in bad health @ the moment. I had a bad seizure and a mild stroke about 3 weeks ago. We live on a very limited income, and with all my doctor bills going out, it's REALLY limited..WE cannot afford a new septic tank. Is there ANY State or County law that we could file a claim for legal ownership of the property in question> and since our home included a septic tank, Are we responsible to buy a new one after all these years, when it was included to begin with. We are upset and confused as what course we should take or if there is a solution to all of this....Please help. Thank you so very much on any advice you can give me.....Donna
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 year ago.

Hello. My name is***** am an attorney. I am here to help you with your question. I will review it. And then we can discuss it. Sound good?

Customer: replied 1 year ago.
Hi Damien....I appreciate you reviewing my letter. Please e-mail me when you get back on line......Thanks Much, Donna
Expert:  Damien Bosco replied 1 year ago.

Hi Donna: I am sorry for your situation. You definitely have rights in this situation. It is all convoluted. Possibly if you ask a question at a time, we can stream line it. Or we can chat on the phone at a mutual convenient time (that is a premium service). So we can continue here with the Q&A, or you can request a phone call. Let me know.

Customer: replied 1 year ago.
Damien.....we just had some neighbors come by for a visit....can I possibly get back w/ you when they leave? Will it cost extra?
Customer: replied 1 year ago.
P.S. I had rather just stick with the Q&A.....Thanks
Expert:  Damien Bosco replied 1 year ago.

You can get back to me. If I am unavailable, I will respond when I am able to do so. Take care for now.

Customer: replied 1 year ago.
sounds great! Thank you so much....
Expert:  Damien Bosco replied 1 year ago.
You are welcome.
Customer: replied 1 year ago.
Damien.... I am back now. I'm very sorry its late, but I have been sick lately and have had people in and out all day to see me. I appreciate each and every one of them, but it wore me out, so then I had to take a NAP!!...Anyway, you don't want to hear all that....but I am back now, so whatever time is convenient for you, I'll be around..... Thanks Much, Donna
Expert:  Damien Bosco replied 1 year ago.

Hi Donna: When there is so much happening and to stream line the process, I have found that you ask one question at a time, then we can make sure all your questions are answered. So, why don't you ask for first question here, and we can go from here. I will also send you the phone option in case you every one to chat on the phone.