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Updated over 6 years ago on . Most recent reply

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15
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Surgess Santacruz
  • San Antonio, TX
5
Votes |
15
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Property Line Exceeds 11 over original Plat from 1926

Surgess Santacruz
  • San Antonio, TX
Posted

Looking to purchase a home on a corner lot and had survey done on the original plat drawn out in 1926 it states the lot to be 67.8ft wide 130.5 ft deep. The house has not been sold since then, the tax accessor office has the lot listed as 78ft wide by 131ft deep and that is what the current owner has been paying taxes on.
 

The issue is of course we thought we where buying a 10,218ft lot when actually its only 8800ft AND the fence line and carport extend about 11ft outside of the property line (city side) according to the survey, what are our options?

Most Popular Reply

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4,335
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Greg H.
  • Broker/Flipper
  • Austin, TX
4,242
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4,335
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Greg H.
  • Broker/Flipper
  • Austin, TX
ModeratorReplied

This is a rarity that a property has not been sold since 1926 !!  Even more rare that someone actually has a copy of that survey.  Title Insurance is of no value since I believe the statute of limitations is 25 or 30 years as I recall

My best guess is that at some point the additional land was deeded to them by the city so the city would not have to maintain it

I assume the deed is a Lot/Block as opposed to a metes and bounds ?

At a minimum, the current owner has a case for adverse possession as apparently they have been paying taxes on it.  this is not a quick solution

I would not buy the property without a resolution as no lender is going to lend on this property if the encroachment in fact is valid

  • Greg H.
  • Loading replies...