Legal Question in Real Estate Law in Texas

I bought a new house in Austin,TX around 1981. In getting a permit for a home improvement this year, I've discovered the detached garage/studio was never permitted legally and encroaches on a subdivision setback. A covered porch/deck was also illegally built (never permitted). I'm having to move the building and demolish the deck. None of this was disclosed at my closing. Is the original builder, or are the subsequent title companies or surveyors liable for the damages I'm incurring? Do I have any practical legal recourse for recovering damages from any of the parties?


Asked on 12/08/11, 4:58 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

If you paid for the survey exception to be deleted on your title policy when you bought the house, your title insurance should cover you.

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Answered on 12/09/11, 12:52 pm


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