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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20398
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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My neighbor says my house encroached on their land when my

Customer Question

My neighbor says my house encroached on their land when my builder built it am I responsible The state is MN
JA: Have you talked to a real estate attorney about this?
Customer: no not yet I want to know if there is no argument from either side that if it happened it happened under contructon then why can I be sued
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 2 months ago.

Hello,

Thank you for the information and your question. Although you did not personally build the house incorrectly, it is your property that they are alleging is encroaching. Your neighbor has a cause of action against you as the property owner and you would have a cross complaint against the builder. In other words, the neighbor has to sue you if they sue anyone and then you have the legal right to sue the builder (assuming you bought the house from the builder.) If you did not buy the house from the builder, then you would contact your Title Insurance Company who would have to defend the suit if the Title Company gave you a general warranty deed that says you have good title.

If you are served with papers in a quiet title action, or some other cause of action by your neighbor, then you need to immediately either contact a local real estate attorney to represent you and file a cross complaint against the builder to bring them into the suit (again if you bought from the builder) or contact your Title Insurance Company and forward the documents to them so that they can defend the suit and they will decide who, if anyone, they can bring in as a defendant. Also, just keep in mind that your neighbor could be wrong. Only a title search and survey can say for sure whether you are encroaching.

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 ratings box on this page of my efforts to discuss the legal issues with you, then the Site will give me credit for assisting you today. Thank you.

Customer: replied 2 months ago.
I understand I did not add the fact that the neighbor was aware of this issue before I bought the house But waited until 9 years after I purchased to file the law suit. To be clear their allegation is that the builder threw some rocks on their property about 3 yards in they were aware that it happened then but waited till I owned it to sue me Does that make a difference
Expert:  Marsha411JD replied 2 months ago.

Thank you for your reply. No, waiting wouldn't make any difference if this is a structure. On the other hand, if it is just materials dumped on their property, then you wouldn't be responsible at all. They can go after whoever dumped the rocks. The key is whether you. or someone who had privity with your property (like the builder) has built a structure, like a house or fence or some solid wall, etc., that encroaches.

Expert:  Marsha411JD replied 2 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 4th. 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 have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. 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.