Legal Question in Real Estate Law in New Jersey
I purchased a home in 2009. When I bought the home I found that my neighbor's fence and driveway are on my property by about a foot. The curb is also cut on my property for the driveway. I notified the homeowner and worked out that we would address if either one of us were to sell our house. That property was forclosed on and is now for sale. What are my legal rights as far as the property issue? I am in the process of contacting the bank that owns the property now.
1 Answer from Attorneys
There are a few ways to resolve this....
Did you have title insurance when you purchasedthe property. Oftentimes there is a "boundary" provision in the title policy that you can use to defray the costs of moving the curb cut and fence.
Did you have the property surveyed when you purchased it? If yes, it may be that you can sue the surveyor's errors and ommissions policy.
You may have a contract with your neighbor that is enforceable, regardless of their current ownership.
The bank may want to negotiate a settlement with you to insure they have clean title.
If you want to discuss this further, or if you want me to step in and help for a small fee, don't hesitate to write me back.
Mike
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