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All Forum Posts by: Jose Miguel rodriguez

Jose Miguel rodriguez has started 1 posts and replied 3 times.

Post: Encroachment into easement

Jose Miguel rodriguez
Pro Member
Posted
  • New to Real Estate
  • Holly Springs, NC
  • Posts 3
  • Votes 0

Hi @marshall leipprandt, unfortunately, yes inspection contingency has been removed but i spoke with a real estate attorney and they did think we have the possibility of walking and getting due diligence money back since seller never disclosed the encroachment. Whether that would happen without a fight is a different story. Realtor doesn’t think this is an issue, but quite frankly, I take his advice with a grain of salt as i think he’s likely trying to close. When i spoke with the city they said they would “entertain” adjusting the easement if we ever decided to go through the process of replatting. Thanks for your thoughts on this

Post: Encroachment into easement

Jose Miguel rodriguez
Pro Member
Posted
  • New to Real Estate
  • Holly Springs, NC
  • Posts 3
  • Votes 0

Post: Encroachment into easement

Jose Miguel rodriguez
Pro Member
Posted
  • New to Real Estate
  • Holly Springs, NC
  • Posts 3
  • Votes 0

Hello all, I will be closing on a SFH this week near downtown Holly Springs, NC. I received the property survey about a week ago and found out the house (and HVAC units) encroaches approx. 2' into a drainage easement along the sideyard. The seller disclosed the easement but never disclosed the encroachment. I spoke with city staff and received a letter from the city attorney essentially saying they "consent of the encroachment" and "it is highly unlikely your structure would be impacted". Of course, the wording doesn't really provide any guarantees but the drainage pipe was actually replaced in 2020 with no issues to the structure. My main concern is not so much that the house would be affected but more the marketability of reselling the home (if we so choose) in the future. This purchase is intended as a place to raise a family and settle for the next 7-10 years. I've thought about walking but the potential of losing due diligence money (or litigation) and the raising rates is giving me second thoughts. Any advice is greatly appreciated. Thanks!