Legal Question in Real Estate Law in Maine

Property line dispute

When we purchased our home, we also purchased Title Insurance. The owner of the adjoining property just had a survey done and now claims that our driveway is on his property. This dispute has been going on for several years. Recently,we have reason to beleive that the Title Insurance Company is going to 'bail out' on us soon. What is our recourse?


Asked on 9/30/06, 10:19 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Property line dispute

You have 2 related issues- one is resolving the actual dispute, and one is use of title insurance to resolve the dispute for you. If the title insurance was for the loan only (aka "Lender's") it may not cover the situation because the loan and value of the property may not be in jeopardy due to the boundary dispute. However, if the issue was that your deed was forged and not from the true seller, or if a long lost relative of the seller claimed a 1/2 interest in the property, then Lender's insurance would probably kick in. If you purchased Owner's title insurance then you have a claim that should be reported to the Closing Agent. If the title insurance company with the Owner's policy determines that coverage does not apply for some reason you are owned an explanation and can hire a lawyer to review and possibly fight the company if necessary.

Otherwise you will need to deal with the boundary issue on your own.

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Answered on 10/02/06, 8:42 am


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