October 2008 Weddings
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Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
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Thank you.
Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
House freakout/dilemma...
Okay, ladies. Having a bit of a house freakout. I'm a bit stressed about what to do next.
We close in 17 days or so. We love the house. I don't want anything to interfere with our closing. The sellers have been very easy to work with, and we're really happy about all of it. Lots of mutual happiness here.
Tonight, in response to an offer the seller made a few weeks ago, she and I met (just the 2 of us) to go over paperwork, all her old permits, how to clean the pellet stove, etc. We spent an hour and a half together, she was awesome, and you could just tell that we would hang out together outside of all this business.
But... she ended up going through some paperwork and telling me something she shouldn't have.
She showed me the plot drawing/survey she had done a few years ago, and told me that the next door neighbor's chainlink fence is on their property, almost 2 feet in at a few points. She said she's never said anything to them.
So, now I have this info. And I don't know what to do with it.
I went back to the seller's disclosure, and under the question of "do you know of any easement, common driveway or right of way", she answered "No". Now she just technically told me of one.
The law would state that, if the fence has been there for 20 years (i don't *think* it has, as the current owner only has been there 15, but i don't know if he put it in or not), then the neighbor would actually own the land at this point. This is called adverse possession.
At the end of the day, it's not like I want the land itself. I went into it thinking that our land ended at the fence. My concern is around having a clear title in the event that I want to sell it in the future.
So, I have a few options: 1) Tell my lawyer, and see what my options are, but pursue an option that wouldn't disrupt closing 2) have a conversation with my mortgage lender out the appraisal (did they do a survey? Did any issue come up?) and also about making sure I have title insurance that is enhanced/protects me against adverse possession 3) Have a conversation with my realtor about all of this.... I trust her, but her interest is in closing this deal in 2 weeks.
I'm really stuck. I don't want to jeopardize the closing, and I DON'T want this woman to regret offering to have me in her home, and do all this great knowledge transfer with me. I just don't want her to feel like she did something that will negatively impact her purely because she was being nice to me. My lawyer is great, but she can be a pitbull, and, while i know she won't take any action if I don't authorize her to, I'm afraid of what her answer will be.
Blech. Sorry this is so long. Thanks for reading. Did I say Blech already?
We close in 17 days or so. We love the house. I don't want anything to interfere with our closing. The sellers have been very easy to work with, and we're really happy about all of it. Lots of mutual happiness here.
Tonight, in response to an offer the seller made a few weeks ago, she and I met (just the 2 of us) to go over paperwork, all her old permits, how to clean the pellet stove, etc. We spent an hour and a half together, she was awesome, and you could just tell that we would hang out together outside of all this business.
But... she ended up going through some paperwork and telling me something she shouldn't have.
She showed me the plot drawing/survey she had done a few years ago, and told me that the next door neighbor's chainlink fence is on their property, almost 2 feet in at a few points. She said she's never said anything to them.
So, now I have this info. And I don't know what to do with it.
I went back to the seller's disclosure, and under the question of "do you know of any easement, common driveway or right of way", she answered "No". Now she just technically told me of one.
The law would state that, if the fence has been there for 20 years (i don't *think* it has, as the current owner only has been there 15, but i don't know if he put it in or not), then the neighbor would actually own the land at this point. This is called adverse possession.
At the end of the day, it's not like I want the land itself. I went into it thinking that our land ended at the fence. My concern is around having a clear title in the event that I want to sell it in the future.
So, I have a few options: 1) Tell my lawyer, and see what my options are, but pursue an option that wouldn't disrupt closing 2) have a conversation with my mortgage lender out the appraisal (did they do a survey? Did any issue come up?) and also about making sure I have title insurance that is enhanced/protects me against adverse possession 3) Have a conversation with my realtor about all of this.... I trust her, but her interest is in closing this deal in 2 weeks.
I'm really stuck. I don't want to jeopardize the closing, and I DON'T want this woman to regret offering to have me in her home, and do all this great knowledge transfer with me. I just don't want her to feel like she did something that will negatively impact her purely because she was being nice to me. My lawyer is great, but she can be a pitbull, and, while i know she won't take any action if I don't authorize her to, I'm afraid of what her answer will be.
Blech. Sorry this is so long. Thanks for reading. Did I say Blech already?
Re: House freakout/dilemma...
I would probably talk to your lawyer and see how this will affect you when you go to sell. How long are you planning on staying there? If it's going to push it to the point where the fence has been there the 20 years, does it make it a moot point by then? Because, then technically, the other owners will own the land, making it no longer your concern when you sell, right?
Did I understand that?
Mrs. Little Drew 10/25/08
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October 11, 2008
Trusty Gal blog|Trusty Tales
I think if you haven't had a survey yet, then one needs to be done. If you can do that, then the fence issue should come up and you'll have to address it then.
Although if I remember correctly, surveys in Mass aren't a requirement and when we bought the beach house in Hull, I think it took the guys about 2 weeks to finally make it to the house lot b/c one hadn't been done in so long. But maybe it's a town thing.
Wives Unscripted
I would probably be more apt to consult my lawyer about this. If closing on time is your first priority, then I would be afraid that bringing this up to the lender would potentially delay closing. I know of a few cases (from when I worked as a mortgage lending specialist at Wells Fargo) that when someone came in and mentioned anything about property lines, we would get held up for a couple of weeks until the underwriters had new information from the surveyors.
Hope that it all works out for you!
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Brie's Blog 10.11.08 The Top Shelf Bookshelf
my read shelf:
Thanks guys! I'm feeling calmer about it now...
My plan at this point is to raise it with my lawyer tomorrow, BUT to lead with "I don't want to take any action at this point, if it holds up closing". Then, she and I can talk about how to deal.
I mean, ultimately, it's not like the seller can just rip out the fence and be done with it by the weekend or something. There's also (potentially) a parking spot of the neighbor's at issue, and so this is going to be a long process...
What I plan to talk about with my lawyer is an overall plan including a (future) survey, an analysis of where we're out of line with the property, and a conversation with the neighbor that either involves (a) he gives us the land back and we work out the movement of the fence somehow or (b) legal paperwork which acknowledges his use but prohibits him claiming ownership of it.
The fact is, had I not had a conversation with the woman, I wouldn't even know about it, so I plan to approach it that way...
Thanks everyone for your encouragement... I hope not to have to use you for another freakout in the next 16 days! :-)