Legal Question in Real Estate Law in Texas

Selling home. My property encroaches 4ft on neighbors property. Buyer wants this settled before moving forward with the sale. Neighbor agrees to sell me the encroached property. How do I get this done, what is my next step. Thanks


Asked on 8/26/11, 7:24 am

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

You'll need a survey, which should be part of the transaction anyway. The surveyor will need to generate a legal description of the encroachment tract, which will have to be approved by the title company and the buyer's lender. Then, at closing, your neighbor will make a deed to you of the encroachment tract, and you make a deed to your seller for your property plus the encroachment tract.

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Answered on 8/26/11, 7:37 am


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