Pat wrote:
stay da course? wrote:
finally they are going to tell us where the property line is.
we bought this place with the understanding that there was an
encroachment.
a fence and chicken coup supposedly on our land.
Now , when we get the correct boundary , how to delicately get the
stuborn
old guy to move it?
he even tilted the roof of the coop to dump rain into our yard. Hasn't
helped the septic drain field.
HELP!
I Remember Another Quagmire = IRAQ

When you bought it, you didn't happen to get title insurance did you?

You need to consult your attorney because you're in a quagmire. But
before you do, go look at your deed and see what it says. There are
various types of deeds where the seller makes various representations.
The least representations are a "quit claim deed' where the seller
doesn't even certify that he owns the property -- he is selling you
whatever he owns, if he owns anything at all. The "best" deed for the
buyer is a "warrenty deed" where the seller warrents that he owns it.
If you have a warrenty deed and there are encoachments, you might have
recourse against the seller. So go check you deed and call your
attorney.


I think recourse against the seller isn't gonna work in light of this:

"we bought this place with the understanding that there was an
encroachment. "

And what would you try to make the seller do now anyway? The real
issue is first to resolve the encroachment. Until that is done, the
owner doesn't have any way to prove monetary damages, loss, etc.