Legal Question in Real Estate Law in Missouri
backyard blunders
My husband and I bought our house going on 2 years ago from his father. Our back yard is fenced in and looks as if all of it goes with the house and when my husband's father bought the house from the bank (it was a foreclosure) the real estate company that showed the house told him that the fenced back yard belonged with the house, so of course he passed that same info on to us when selling us the house. Come to find out we only own 7 feet of our back yard and the other 30 feet belongs to someone else and it was a seperate forclosure deal. When we bought our house the appraisal included the part of the yard that does not belong to us. So the title to our house does not match what is on our loan description or the appraisal and I am wondering what our legal options are to resolve this.
Thank you
1 Answer from Attorneys
Re: backyard blunders
You may have grounds for a viable grounds for a claim against the title insurance company. That is what the title company is, an insurer. They insure that the title to the property is as they report on their title report, However, it is common for Title reports to include exceptions. One of th eexceptions may have addressed the outstanding issue as to the other 30 feet of yoru backyard. Unfortunately, it also common that lenders and mortgators (you) fail to address the exceptions.
You should go over the Title report with an attorney. They can get more facts from you, and help determine if you have a claim.
Good Luck
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