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| CRE Online > Real Estate Law > Bill Bronchick > Question and Answer |
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Question:
I bought my home in 1994. When I looked at the property with the realtors prior to buying it they represented to me that the land had been surveyed and we walked the boundaries as best we could. The boundary line which bordered an undeveloped lot next to mine was marked with surveyors tape through the woods next to my back yard and garden area. In the last week some people bought the property next door and had a surveyor mark the boundaries. The boundary with that property turned out to be going straight through my back yard and cutting my garden in half! I feel that the realtor misrepresented where the boundary line was to me. Certainly the previous owner knew where the boundary was by virtue of the fact that the septic and leach system are almost exactly within setback code. And the existence of the surveyor tape representing the line in the wrong place troubles me. Do I have any recourse? Answer By William Bronchick: When buying a house, it is a good idea to have a new survey done. A typical title insurance policy excepts the errors which a survey would show. Thus, if new a survey was done, the title company would be liable, as would be the surveyor. I don't think the agent would necessarily be liable, unless he was negligent or intentionally withheld information. Disclaimer: The foregoing is not intended to be given as legal, financial or tax advice, but intended for instructional use only. If you require legal, financial or tax advice you should seek the assistance of a qualified professional.
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