Deed Restricted Property - Please HELP!!!! - Posted by Edward

Real Estate Investing Real Estate Law
1

Posted by Bill H on March 30, 2006 at 19:38:02:

Well, I see two questions that need answereing and may take the input of your attorney to settle.

  1. Was the “Deal with the state” recorded? And if so why did the title company not pick it up.

  2. If it was not recorded…how is the state claiming ownership and fining you for the infringement when the fence was in place when you bought it?

Talk with you attorney and get these answered and he will tell you how to proceed.

Good Luck,
Bill H

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Deed Restricted Property - Please HELP!!! - Posted by Edward

Posted by Edward on March 30, 2006 at 16:12:24:

I have an interesting situation, I am looking for some legal advice to see whether this is worth pursuing any further.
I have purchased a one family home in State Island, New York last September. I purchased the property size 120x25, built in 2001. I found out from my neighbors, after I bought the property that the yard in the back that is 40x25ft is 1/2 mine the rest of the 20ft belong to the NYS wetlands. The property was fenced all around with a wire fence by original owners and I received a fine from dept of Environmental Conservation to remove the fence. It appears that the builder made a deal with the government to leave the last 20ft of the property to the NYS Wetlands. That area can’t be altered, fenced , basically untouched completely. When I was purchasing the house, the company that provided me mortgage insurance and copy of my deed, didn’t inform me of any restrictions on my deed. In fact when I looked at the deed all it says is I own 120x25 , that’s it.

I have a couple of questions.

  1. Does it make sense to pursue any sort of legal restitution from the Mortgage company since I paid the insurance of 2000 dollars at the closing and expected them to inform me of any restrictions on the property, which they failed.
    Also, what are the chances of me getting any of that property back, maybe even partially?

Any help or advice would be greatly appreciated