Legal Question in Real Estate Law in New Hampshire

Purchase of a home

We purchased a home about 19 months ago. While seeing said home we asked our agent if a stone wall that runs about 80 feet or more of the property is part of the land. She told us it was part of the property. Last month we wanted to put up a fence along the top of the wall. I went to get a permit and was informed by the town that the wall and the land on top of it was not ours it belongs to the neighbor. This wall was a huge selling point for us as it is very old and looks great. Yes we can still see the wall of course. However our bid for the home would have been less if we new that it was not part of our land. Do we have any recourse against the realestate co? I feel that we should have the section of land apraised and we should get that money from them?


Asked on 6/28/08, 11:32 am

2 Answers from Attorneys
Bruce L. Dorner Dorner Law Office

Re: Purchase of a home

You may have a claim against the agent. However, an examination of the listing agreement and supporting materials will be needed before rendering a further opinion. Also, a review of the Purchase and Sale Agreement and closing documents would be required. Another issue is whether or not you hired an attorney to represent you and made the wall a part of the information you shared with him. Also, did you have a survey or plot plan prepared.

In truth, you'll need to sit down with an experienced real estate attorney to fully evaluate your options.

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Answered on 6/28/08, 3:03 pm

Re: Purchase of a home

Generally, real estate agents tell you what you want to hear and lawyers tell you what you don't want to hear when it comes to a real estate transaction. A survey of the property should have been done or a plot plan included in the transaction if there was a mortgage involved. This plan/survey would have shown the metes and bounds of the property and what structures were included in it. You will need to sit down with someone very experienced in this area to review these documents as well as any listings and purchase agreements.

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Answered on 6/29/08, 10:46 pm


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