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Western North Carolina The Mountain Region including Asheville
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Old 07-29-2012, 02:29 PM
 
Location: north carlina
8 posts, read 9,923 times
Reputation: 10

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i did*not know all this.i feel sorry for you i hate bad neighbors.when we get ready to buy i will know all this stuff.we are renting now but would love to buy this house.dana
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Old 03-12-2019, 07:06 AM
 
1 posts, read 630 times
Reputation: 10
We have this problem in NC also. Neighbor’s house is 2’ on our property. Did get title insurance of course. What can title insurance do for us in encroachment cases? Will my realtor who sold us the house have any liability? (I hope not because he’s a friend)
This is a real problem as the houses are very close due to their encroachment.
The owner doesn’t live there & it’s not even being rented at present, so no cllaim of adverse possession would be valid.
If I hire a lawyer, what can they do?
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Old 03-12-2019, 07:42 AM
 
6,799 posts, read 7,500,705 times
Reputation: 5345
Quote:
Originally Posted by Klassi2000 View Post
We have this problem in NC also. Neighbor’s house is 2’ on our property. Did get title insurance of course. What can title insurance do for us in encroachment cases? Will my realtor who sold us the house have any liability? (I hope not because he’s a friend)
This is a real problem as the houses are very close due to their encroachment.
The owner doesn’t live there & it’s not even being rented at present, so no cllaim of adverse possession would be valid.
If I hire a lawyer, what can they do?
Is there something that has arisen recently that makes this a problem? Was a survey done when you bought the house? Was the title insurance policy issued knowing the encroachment existed?

Adverse possession doesn't apply in this case. Typically, if the encroachment is known and you obtained title insurance when you bought it, then the next buyer will be able to obtain it as well. If there is now a problem with you selling it, you will need to give or sell enough land to your neighbor to eliminate the encroachment.
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Old 03-13-2019, 07:13 AM
 
730 posts, read 787,145 times
Reputation: 864
Quote:
Originally Posted by Klassi2000 View Post
We have this problem in NC also. Neighbor’s house is 2’ on our property. Did get title insurance of course. What can title insurance do for us in encroachment cases? Will my realtor who sold us the house have any liability? (I hope not because he’s a friend)
This is a real problem as the houses are very close due to their encroachment.
The owner doesn’t live there & it’s not even being rented at present, so no cllaim of adverse possession would be valid.
If I hire a lawyer, what can they do?
Discussing your options would be the first thing.
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Old 03-13-2019, 06:25 PM
 
Location: Asheville, NC
12,638 posts, read 32,335,392 times
Reputation: 5422
Another issue with land in WNC, is the lots are on odd shape. They are in odd locations too such as people's back yards. People have to drive on someone else's property to get to theirs. I can understand how this can happen. This may not pertain to the OP but I just thought I'd bring it up. To the OP, I hope you get this resolved.
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Old 03-13-2019, 07:00 PM
 
6,799 posts, read 7,500,705 times
Reputation: 5345
Quote:
Originally Posted by beckycat View Post
Another issue with land in WNC, is the lots are on odd shape. They are in odd locations too such as people's back yards. People have to drive on someone else's property to get to theirs. I can understand how this can happen. This may not pertain to the OP but I just thought I'd bring it up. To the OP, I hope you get this resolved.
Since the OP was 10 years ago, I hope they have resolved their issue too!
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Old 03-13-2019, 08:29 PM
 
Location: Asheville, NC
12,638 posts, read 32,335,392 times
Reputation: 5422
Quote:
Originally Posted by BC1960 View Post
Since the OP was 10 years ago, I hope they have resolved their issue too!
Oh boy, I didn't realize that. lol
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