Should I buy a property with survey/lot issues

[Rod Smith]

Hello Everyone,

I need some assistance. I am in the process of making an offer on a property and the listing agent has informed me that there is an issue with the property line. The property is approx. 3 ft. over the property line. She said the owner of the land lives in a house behind the subject property and knew about it for years but did not do anything about it because the previous owner was a family member.

Since the house was foreclosed on, the owner of the land on which the subject property encroaches has erected a fence that is basically up against the side of the house, preventing you from walking around back of the house on one the right side.

Would you proceed with this purchase and if so, what are my options to get a clean title and avoid future issues if I resale the property?

Thank you in advance for your assistance!

[Bill Gulley]

If the owner of the fenced property put up a straight line fence from the side of your subject in both directions, I'd say they abandoned the 3' to the front and rear of the house as well as the physical encroachment, you'' be taking that later on depending when they put up the fence. Look up "adverse possession" and "abandonment of real property" issues in your state.

However, I'd say it will effect marketability, I probably wouldn't buy it if I couldn't maintain the side of my house. If you can get an access maintenance agreement from that neighbor it may not be any worse than a patio-home or condo arrangement of having access to the back from only one side, so marketability is limited but not killed off entirely. But a future owner will need access to make repairs to the side of the house.

I'd probably pass unless it's a steal of a deal and, BTW, the bank won't be making any arrangement, so I'd visit the neighbor first and inquire before you do anything and see your attorney. :)