What are my rights if a title company failed to disclose thata neighbor’s house is on my property line?

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What are my rights if a title company failed to disclose thata neighbor’s house is on my property line?

We purchased a house last September. Last month we had a survey done because we want to build a garage. It shows that our neighbor’s house built across our property line. We have title insurance, so we called the title company and told them. We asked them what we should do about it. They said they would check it out and get back to us. It has been almost a month and we have heard nothing from them. We have called several times but the person supposed to be “checking on it” has never returned our calls. We even took copies of the survey into the office but still have not heard a word.

Asked on May 25, 2011 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok you need to call the attorney that did the closing on the property and alert him or her asap.  You need to send a letter to the Title Company (it really would be better coming from the attorney) by certified mail, return receipt requested, indicating that the title that they certified is in reality not good title to all the land.  Then you need to figure out with the lawyer what you want to do here.  You need to probably bring an action to "quiet title" before they bring an action for "adverse possession."  Really are you going to ask that they move the house?  Maybe they can purchase that portion of the land from you?  I say this without any knowledge of zoning restrictions, etc., so that has to be addressed as well.  Good luck.


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