 potential fraud (by P Masch [VA]) May 17, 2012 10:41 AM
 potential fraud (by V [OH]) May 17, 2012 10:50 AM
potential fraud (by Reid [KS]) May 17, 2012 11:17 AM
potential fraud (by Nicole [PA]) May 17, 2012 11:41 AM
potential fraud (by REMaven [PA]) May 17, 2012 11:47 AM
potential fraud (by RR [WA]) May 17, 2012 11:55 AM
potential fraud (by Mike45 [NV]) May 17, 2012 12:03 PM
potential fraud (by George [NJ]) May 17, 2012 2:25 PM
potential fraud (by Patttyk [MO]) May 17, 2012 2:30 PM
potential fraud (by RR78 [VA]) May 17, 2012 6:00 PM
potential fraud (by hank [WV]) May 18, 2012 4:10 AM
potential fraud (by AllyM [NJ]) May 18, 2012 8:52 AM
potential fraud (by tyler [NC]) May 18, 2012 8:16 PM
potential fraud (by P Masch [VA]) Posted on: May 17, 2012 10:41 AM
Message:
State Specific Question About: VIRGINIA (VA)
I bought a property in July 2005 in VA. When I was shown the property, I was told that a backyard was attached with it. I recently had a survey done and I have discovered that the yard is not part of my property. I don't know if this is an appropriate question for this site, but I am wondering if I have any recourse or if anyone has had a similar issue.
Thanks. --24.125.xxx.xxx |
potential fraud (by V [OH]) Posted on: May 17, 2012 10:50 AM
Message:
Google easements, there are 3 types, about 6-7 years ago we had a 3 month discussion on this, there is one which you want to apply for if you have been caring for the property as if your own but I do not remember the name. --68.76.xxx.xxx |
potential fraud (by Reid [KS]) Posted on: May 17, 2012 11:17 AM
Message:
Unless it is in writing it may be hard to hold them to their word. Often times people think things are a certain way and over time it just becomes accepted as fact. For this to be fraub whoever told you the yard was included would have to have known that it was not.More likely it is a mistake. --108.236.xx.xxx |
potential fraud (by Nicole [PA]) Posted on: May 17, 2012 11:41 AM
Message:
Didn't your lawyer go over the deed description/plot plan with you at your settlement? Your title insurance insurance policy should also have a drawing/plotting. --71.173.xxx.xxx |
potential fraud (by REMaven [PA]) Posted on: May 17, 2012 11:47 AM
Message:
In PA, surveys are not part of the typical real estate transaction, although you can certainly opt for a sale to be contingent on it and pay to have one done. In many states, surveys are done as part of the transaction, so keep that in mind when looking at advice.
You'll have to consult a lawyer regarding options, but do you have anything in writing or on the Seller's Disclosure regarding the yard? You would have to prove that the Seller misled you intentionally, I think. Otherwise, the onus is on the Buyer as to this sort of thing... --71.224.xx.xx |
potential fraud (by RR [WA]) Posted on: May 17, 2012 11:55 AM
Message:
if you've been treating the backyard as your own for a few years, you may have rights to it. Google "Adverse possession"
Otherwise, you may be able to negotiate with the neighbor to buy the land. Subject to zoning, setbacks, etc.
Then have a boundary line adjustment done and recorded.
People were saying anything to sell houses back in 2005. Everyone and their brother was a real estate agent. I heard a few things back then that didn't sound right, I just figured the guy was clueless and did my own due diligence. Don't believe everything you hear, especially when buying property! Lots of sharks out there.
How much land are we talking about? Are you using the land? What is the situation with the neighbor?
--24.18.xxx.xxx |
potential fraud (by Mike45 [NV]) Posted on: May 17, 2012 12:03 PM
Message:
Very difficult issue. You need to talk to a local RE atty. If there is a fence that makes this yard look like it is part of yor property, your claim will be better.
Possible remedies:
1. Fraud claim aginst seller.
2. Claim against your title insurance policy
3. Adverse possession claim against the innocent neighbor, trying to steal their land and make it your land. (Sorry, I guess my attitude towards adverse possession slipped through!)
--71.49.xxx.xxx |
potential fraud (by George [NJ]) Posted on: May 17, 2012 2:25 PM
Message:
The time to get the survey was when you bought it. Your title policy will have your lot (what you bought) spelled out in metes & bounds, and I bet it is correct ( what you found out, that you didn't own the yard). Most people couldn't figure out that legal description on their own and just shrug it off, that's why you hire a land surveyor. 22 years ago my Dad bought a nice home on the TN river with an existing boat dock w/ electricity & a concrete boat ramp all at a water front $premium$. 3 years ago he finally got a buyer, after 3 years on the market. The buyer got a survey done and guess what happened? You guessed it, Dad got screwed 22 years ago, he didn't own to the water, he was shy about 30 feet to the water. His dock & ramp were on someone else's property. It belonged to a 40 acre parcel next door to him and surrounded his house and land along the TN river. PS, he took a bath in finally selling. He never got a survey done when he bought it! Sure it looked like it all went with the house & property, but it didn't. Lesson learned the hard way. --71.48.xxx.xxx |
potential fraud (by Patttyk [MO]) Posted on: May 17, 2012 2:30 PM
Message:
Well this isn't as exciting as some of the above, but call your title company and ask them for clarification. --70.14.xxx.xxx |
potential fraud (by RR78 [VA]) Posted on: May 17, 2012 6:00 PM
Message:
In Va. no recourse since it was not in writing. --76.104.xxx.xx |
potential fraud (by hank [WV]) Posted on: May 18, 2012 4:10 AM
Message:
If it was not outline in the four corners of the sales agreement but a side verbal or even a side written falls under the Parol evidence rule , have fun with a fraud suit
In regard to an adverse possession or even an easement by prescription, since it’s not recorded in the deeds, you are going to have to bring suit in chancery division, hope you have around 15K to 25K to bring it, may not win, will not be entitled to legal fees, despite the believe on this site that every prevailing party is entitled to legal fees, that’s not how it works in the real world of civil litigation
I have seen an enforcement of an easement recorded on the deeds, run well into 75K, and no legal fees were awarded for either party,
--216.30.xxx.xxx |
potential fraud (by AllyM [NJ]) Posted on: May 18, 2012 8:52 AM
Message:
I heard a realtor include a large piece of my L shaped yard with the house next door. I stepped out and told him it was mine. I then built a fence so no other realtor could sell my lawn with the house next door. When I sold that house I had that section attached to my rental which was the second house over. Sorry this happened to you. If it's spelled out on the sale documents then I guess you sue someone. --69.141.xxx.xxx |
potential fraud (by tyler [NC]) Posted on: May 18, 2012 8:16 PM
Message:
i doubt your covered under title insurance as you'll find a clause that a survey is required to protect you from an issue like that..
do you have any mls listing or marketing material the proves the misrepresentation? --98.24.xxx.xx |
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