Legal Question in Real Estate Law in Florida
House built on 2 different properties
We bought our house 4 years ago in a rule area, and since houses are rapidly being built in our area. We have since dicovered our house is setting on 2 lots, the poperty line goes thru the middle or our house and our well system is setting on the other property, which belongs to a building co. that is building in this area. The builders attorney has contacted us and was working with us to see if our title insurance would pay for this property. We have recieved a letter from our title Ins. stating they are not responcable. We have not heard for the builders attorney nor will he return our calls. We would like to know what we should do at this point. The house is an older home and was purchased as a fixer upper so we could resale the house. Now we don't even know if we can sell the house, nor do we want to sink any more money into the house if we can't resale. We feel we should not have to purchase this property since it was sold to us this way. Thank you
2 Answers from Attorneys
Re: House built on 2 different properties
Sounds like a real problem. Check your title policy. You may need to institute legal proceedings. Good luck.
Re: House built on 2 different properties
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The purpose of title insurance is to guarantee clear and marketable title. It appears from your brief description that you do not have clear and marketable title thus a claim against your title policy should lie.
I strongly suggest that you consult with a qualified real estate attorney who has been hired by you to protect your interests. Make sure it is not the same attorney who issued the title insurance originally.
Scott R. Jay, Esq., 305-249-8000
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