My home is not on my property, what are my rights?

Question Details:

I purchased a home with a bank loan. Eight years later I have been contacted by the neighboring property owner claiming that a recent survey shows that part of my house is on his property without an easement. What is the best course of action,and how or why did the bank make a loan on a house in this condition?

Asked 10/29/2009 under Real Estate | 752 View(s) | More Legal Topics

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Real Estate Law Answers

I am a lawyer in CT and practice in this area of the law.  It appears that someone along the line failed to do the survey properly when the house was built.  If the neighbor does not mind, then you should leave it and have a new survey done so there is not confusion in the future.  If the neighbor has a problem with this, then you need to notify your bank and the title insurance company to alert them of this problem.  You should also hire a  lawyer to discuss this with him as the neighbor may seek some kind of relief that requires you to pay money.  Most lawyers will meet with you initially for free.  take advantage of this by bring in all the documents from your closing and obtain a survey of the property from the town hall.

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