Am I responsible for encroachment on unimproved land sold in East Hampton?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I responsible for encroachment on unimproved land sold in East Hampton?
I sold unimproved property which is part of a
Trust left to me 2 siblings. The transaction
closed, but the atty is holding back 2,000 to
pay to have a neighbors encroaching fence
removed if the neighbor doesnt respond to the
affidavit sent within 60 days. Shouldnt this be
the new owners headache since this
transaction is now closed?
Asked on November 27, 2017 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you knew of the encroachment and failed to disclose it, then you committed fraud and you are liable for their costs or losses due to this.
If you did disclose the encroachment or were unaware of it (e.g. did not know where the boundary was; though the fence was on the neighbor's land; etc.) you are not liable for responsible: only a failure to disclose a known issue makes you liable.
Of course, to get the money, even if you should, if they won't voluntarily pay it, you'd have to sue; you could spend more (in time and/or money) suing than you hope to get back (i.e. more than $2,000), so you need to make a cost-benefit decision as to what to do.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.