Posted by andrew ewig on October 06, 2005 at 10:04:30:
Frank:
Read your article on organization, bill payment etc. Would like to speak with you. What is your number?
THX
Andrew Ewig
HELP! Encroachment nightmare! - Posted by Joseph Horack
Posted by Joseph Horack on September 30, 2005 at 12:20:52:
Bought first house with known encroachment (deck) w/ title co. assurance that title insurance would cover if any discrepancies came up. Now selling house, neighbor complained and have lost two buyers. Title Co. now says that my title insurance doesn’t cover this problem. Paid 12K to fix encroachment. Find out that previous owner and builder of deck was a licensed contractor who built deck illegally (no survey, permit, etc.). Does any liability lie on the previous owner building illegally and out of code although he’s a licensed builder? How about the title co. or mortgage co. provided poor, if not misleading advice? HELP!
Re: HELP! Encroachment nightmare! - Posted by Frank Chin
Posted by Frank Chin on October 01, 2005 at 04:47:55:
Joseph:
I’m not an attorney. But I think you need one to check out the particulars.
First of all, what type of deed do you have?? Some say “Bargain and Sale deed with COVENANTS AGAINST GRANTOR’s ACTS.” If so, the illegal addition may go to the responsibility of the GRANTOR, prior owner, rather than the insurer. The insurer would be stupid to say they would cover originally, if the situation was known.
Second, you said it was a KNOWN encroachment. Any reprentations made in the P&S contract about this, i.e. anything put in writing?? Did you hold the seller harmless??
You might have a case if you were not told at all about it. Here in Long Island, NY, where I own property, towns started enforcing codes that they years ago didn’t when property change hands, and illegal decks built by prior owners is one of big issues. I could imagine Title Companies going broke clearing up violations. I myself bought a rental with known violations, and I’d be thrilled if I can have the title company help pay for fixing it.
Frank Chin