What to do regarding a 3rd party wall agreement?

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What to do regarding a 3rd party wall agreement?

My husband and I purchased a rowhome (2nd in a row of 4 properties) outright 7 years ago. In our contract to buy under “Common Interest Community Governing Documents” from our realtor it states NOT APPLICABLE. In our title company closing documents under “Homeowner’s/Condomium Association” Clause it states – NOT APPLICABLE. Now the 3 other owners in our row are saying that there is, and are trying to enforce conditions in, a 3rd Party Wall Agreement that we have never seen or knew existed and we are at a loss. How could it be considered that we agreed upon purchase to something we had never seen or knew existed?

Asked on October 7, 2012 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You and your husband need to carefully read the presumed title report and the preliminary title report that you should have received concerning the home before your purchased it through escrow. Assuming you received it carefully read the documents in that if there was a recorded third party wall agreement that you are writing about of record which was recorded on your property it would be listed in the documents. if so, then you would be bound by the third party wall agreement.

I suggest that you may want to consult with a real estate attorney further about the matter you are writing about after you have reviewed your purchase agreement file to see if you have the preliminary report and the title report that I have written about.


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