Very upset--venting

[lovemylife]

Yesterday, my DH and I were suppose to close on our new house. We get there at closing time to find out that we can't close because of the survey we had done. The survey showed the part of the garage (a build out) was 1.5 ft on the neighbors yard. So now the loan won't go through because of that and we just sold our house and closed on that the day before. The realator said if the neighbor would quit deed that 1.5 ft over to us that the bank would accept that. We really hope so. We talked to the neighbor and he didn't know that it was on his property so he doesn't have a problem with it as long as the realators talk to him. He is supposedly a very moody old man. Yesterday he was good, but who knows what Monday may bring. We need to be out of our current home on Wednesday at the latest, so the people who own the house said we can stay there until we get it figured out. That is very sweet of them, but we had carpet coming on Monday, Directv on Monday, internet being istalled Tuesday and new furniture that we ordered and paid cash for is being delivered on Wednesday. We were going to paint this weekend in the rooms that needed it. Even though they let us stay there, it won't feel like home.
Sorry so long, but very upset yet this morning.

 

[Magic Mom]

Yesterday, my DH and I were suppose to close on our new house. We get there at closing time to find out that we can't close because of the survey we had done. The survey showed the part of the garage (a build out) was 1.5 ft on the neighbors yard. So now the loan won't go through because of that and we just sold our house and closed on that the day before. The realator said if the neighbor would quit deed that 1.5 ft over to us that the bank would accept that. We really hope so. We talked to the neighbor and he didn't know that it was on his property so he doesn't have a problem with it as long as the realators talk to him. He is supposedly a very moody old man. Yesterday he was good, but who knows what Monday may bring. We need to be out of our current home on Wednesday at the latest, so the people who own the house said we can stay there until we get it figured out. That is very sweet of them, but we had carpet coming on Monday, Directv on Monday, internet being istalled Tuesday and new furniture that we ordered and paid cash for is being delivered on Wednesday. We were going to paint this weekend in the rooms that needed it. Even though they let us stay there, it won't feel like home.
Sorry so long, but very upset yet this morning.

What are the current owners offering the man for his property? Can you add more to that offer in exchange for him to move quickly?

 

[lovemylife]

He says he doesn't want money because he never knew it was his and neither did the lady we are buying from. She bought it this way 55 yrs ago and was very distraught about it. As long as the realator gets to him on Monday morning and he signs and it gets to the bank, HOPEFULLY we can salvage the loan.

 

[shinysparklybubbles]

Wow that's awful! I'm so sorry to hear that. That really stinks, hope all goes well with Monday.

 

[sam_gordon]

Look at the bright side... you're finding out now and you'll get it settled. Imagine what could have happened if you had moved in and years later the neighbor tried to sell his house and this came up.

 

[lovemylife]

Yeah, we thought about what would happen if he would have passed away and then someone else bought it and we real idiots about it. We really hope that this gets taken care of quickly and that it is enough for the loan to still work. Very upsetting.

 

[sweetdana]

I PMed you, but there is 1 hiccup more. The owner of your neighbor's home may not work out. If there is a mortgage on it; your neighbor's lender will not redo title work for you. It is not as simple as releasing 2 feet feet of land. Your neighbor's lender has rights to it, and it is a much bigger deal. Even if the neighbor wants to, his lender (assuming he has a mortgage loan), will prolly not go through. They have to QCD it then re-do there loan on title. I suspect you will have a hard time getting that done. Not all mortgage companies require surveys to close. Look for a new lender that doesn't need a survey to close.

I HOPE it works out

 

[lovemylife]

Thank you for your PM. I PM'd back. I do not think he has a mortgage on it. He has owned it for 40 yrs and he bought it from his dad, but it is something to think about.

 

[dyna]

I once was paid 3,000 for a strip of land 200' x 5' because a neighbors survey said their driveway was on my land....I did not think it was but we took the money anyway.

I HATE surveys for land every surveyor comes up with different property lines sometimes ya gain sometimes ya loose.

 

[lovemylife]

We were questioning if the survey was even correct. The owners had iron poles for yard stakes and they were a good 3 ft different in the area we are having a problem with and more different toward the road.

 

[disneyfans95]

Wow that is horrible. I am suprised that you got a closing date without that being handled ahead of time.

I know for us here in NY, we had to have the survey done and reviewed by both our bank (Wells Fargo) and our attorney before they gave us a close date..

I would think to avoid issues like the OP had. I would be suprised that even if the neighbor agrees that you can get that part of his land deeded to you by Wed . Good luck!

 

[kidzmom3]

this exact thing happened to my neighbors when they sold their house, but the adult children of the homeowner would not let him sign away the property. Expect there was no structure except a fence on the other houses property.

The sale did not go through. The current owners of the house had to tear down a fence and put up a new one. It ended up taking 2-3 months to get everything straightened out at which point they put the house back on the market for less money, because now the back and side yards were smaller and had a strange shape.

 

[pioneer89]

How old is the garage? It varies from state to state, but there is a thing called "Adverse Possession' which basically allows someone to take another persons property if they have been using it as their own without the original owner objecting or giving permission. Some states are as short as 7 years, some as long as 20 before you can enact this.

Another option is for the other land owner to simply give permission for the period of your mortgage, in writing, for you to rent the land where the garage sits. The seller should offer $1000 or so, and most land owners who never objected in the first place would jump at the chance.

Surveys are tricky things, and most property surveyors are happy to simply mail in an effort. My property is a large rectangle with one of the corners clipped out where the state road goes through. (Think a book page with the corner 'dog-eared'. The land has been surveyed 5 times in the past 20 years, and 3 of those surveyors completely messed up the markers because they didn't know that the property actually extends into the middle of the road, and the state has a right-of-way. They want to mark the actual property corners at the edge of the road instead of in the middle where they belong. My previous neighbor actually sued and won a settlement against the first surveyor because he build his septic tank partially on my property thinking it was his (right before I moved in). When I surveyed the land myself, I saw the mistake and told the neighbor, and he decided to have the old surveyor move his tank.

 

[bballmom56]

We had a similar problem when we sold my mother's house. The neighbor's garage was built about 10' over on my mother's deeded property. The properties in that area are about 3-5 acres, so people don't watch every inch they own like we did when we had a 50'x100' lot!

So the buyer wanted the garage moved! I don't really remember what happened, but it came down to our lawyer saying "do you want the house or don't you" (which we knew they did). They did close, the garage was not moved. I don't know if they did the paperwork to change the survey or not. They are a lot more casual about it out here.

 

[bonoriffic]

How old is the garage? It varies from state to state, but there is a thing called "Adverse Possession' which basically allows someone to take another persons property if they have been using it as their own without the original owner objecting or giving permission. Some states are as short as 7 years, some as long as 20 before you can enact this.

Sister-in-law went to build a fence and found her dining room extension was just over the neighbors property line. This extension was built 3 owners ago, so the property was bought and sold several times with nobody finding this issue. For the reasons explained above, they are taking this route to resolve the issue. Mostly because they don't like the neighbor (the reason for the fence) and don't have to involve them yet.

There are plenty of options, just none of them quick.

 

[ChattaAlley]

Really hope it works out for you. This kind of stuff makes me nervous.

 

[lovemylife]

My DH just said that there are new survey stakes out in the yard. Maybe they re-surveyed and found they were wrong or they were marking where the neighbor has to sign off on. I don't know, I just hope and pray it is taken care of soon. I am still very nervous for the fact that we are now "homeless" and living in the "new" house.

I did check on the issues some others had posted on.The lady we are buying from has owned the property for 55 yrs and bought it this way. The neighbor whose property the garage is on has lived there for 35 yrs and no body knew any different,so that gives me some more hope that it will work out okay.

THanks for all the words of encouragement.

 

[Breezy_Carol]

Good luck today.

 

[Jewel1310]

If it can't be resolved quickly, could you work out a short term rental of the "new home" until this is resolved?

Good luck - I can only imagine how stressful that would be!