Legal Question in Real Estate Law in Pennsylvania
Lot size
We bought a house 11/04. Behind the house was undeveloped [soon to be developed neighborhood]. The previous owners landscaped and seeded the back yard and allowed us to believe that the landscaped area was the lot size. The new neighbors in the back of us [now developed] got a survey for a fence for their dogs. Wow we lost 1/2 of our supposed back yard. Is it our fault for not getting a survey [not required in Pa] and believing the seller [a lawyer and cousin of the builder by the way] . Do we have any recourse?
1 Answer from Attorneys
Re: Lot size
Not really.
You may have a claim if the developer also owned the undeveloped property and had allowed the owner to landscape. Also potential claim regarding fraud if the property owner presented anything that purported to suggest that all the lanscaped area was yard.
But generally the legal desription of the property on the sale documents will be considered full disclosure.
Real property is one of occassions when the buyer must always be aware.
Regards,
Roger Traversa
email: [email protected]