Legal Question in Real Estate Law in Virginia

house on wrong land

I have recently purchased a modular home and land. The business that sold me the house hired all of the contractors to perform all work on the land and house installation. A preliminary walk through on the land was done with me and a contractor to decide where we thought the house would be best suited. The land was then cleared and the house placed on a permanent foundation without any additional consultation with me. It has recently come to light that the home was placed approximately 50' past my property line on someone else's land. The company is now claiming that it was my decision to put it there even though they had the land deed and plot. They are now assuming that I will need to pay to purchase the land that the home is on provided that the land owner will sell. What can I do to protect myself from a lawsuit from the current owner and protectr my investment without having to pay any additional money for a mistake that was made by the company and their representatives?


Asked on 4/11/08, 9:09 pm

1 Answer from Attorneys
Susan Allen The Law Office of Susan E. Allen, PLLC

Re: house on wrong land

Your agreement with the general contractor should address whose responsibility it was to obtain a survey and determine the placement of the house. Assuming your house is on someone else's land, you are trespassing and will have to remedy the trespass. Your options at this point include moving the house, buying the land on which is currently sits, or perhaps selling the house to the owner of the land.

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Answered on 4/12/08, 2:11 pm


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