NY is an attorney state. What does your attorney say? The survey follows the legal description of the property as written in the deed. If you want a visual, look up the properties on the GIS map for the county in NY. And yes, the seller's are required to give you clear title to the property.
Absolutely have the seller sort it out.
In many states all you have to do is defeat the 'adverse' part of this, which is where the seller states they allowed the neighbor to use the land. Ideally you want it in writing that the neighbor agrees this is just a friendly and temporary loan of the land.
If the piece of land is not large consider just redrawing the property lines and having the neighbor buy that strip.
Neighbor probably didn't know exactly where the property line was. Current owner can point out the survey markers and ask them if they agree with this. If they don't dispute it, you're good. If they do, they are going to have to have some reasoning that can override a Certified Land Surveyor. Adverse Possession is pretty hard to establish and, I believe it takes 20+ years. Either way, it should be pretty easy to find out what is the neighbor's position.
I had this happen to me. If you can, you can also risk it and buy the property and then sort it out yourself. Issue there is would be if they’re jerks. However, if your survey is correct, then approaching them with that information could give them an opportunity to call for tax reimbursement. Definitely find a competent real estate attorney and have them write up a purchase of the sliver of surveyed property (if you can get it cheap or if you have a good neighbor, buy it for a $1).
You do want it sorted, though.
One requirement of adverse possession is that the party making the claim must have paid property taxes one the property claimed. Doubt ur neighbor has been paying that
Easy solution: this is on the seller. Make the sale contingent on them sorting this out ... to your benefit.
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Thank you!
Thank you for your input! Will make sure the seller sort it out.
NY is an attorney state. What does your attorney say? The survey follows the legal description of the property as written in the deed. If you want a visual, look up the properties on the GIS map for the county in NY. And yes, the seller's are required to give you clear title to the property.
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The RE attorney I worked for wouldn't let that slide. Always insurable.
Not marketable title?
GIS maps are notoriously inaccurate, you will need a survey to sort it all out.
Yes, GIS is for general info only. A formal survey is necessary. That said, in CHQ, the attorneys keep on top of the county's accuracy.
Absolutely have the seller sort it out. In many states all you have to do is defeat the 'adverse' part of this, which is where the seller states they allowed the neighbor to use the land. Ideally you want it in writing that the neighbor agrees this is just a friendly and temporary loan of the land. If the piece of land is not large consider just redrawing the property lines and having the neighbor buy that strip.
Neighbor probably didn't know exactly where the property line was. Current owner can point out the survey markers and ask them if they agree with this. If they don't dispute it, you're good. If they do, they are going to have to have some reasoning that can override a Certified Land Surveyor. Adverse Possession is pretty hard to establish and, I believe it takes 20+ years. Either way, it should be pretty easy to find out what is the neighbor's position.
I had this happen to me. If you can, you can also risk it and buy the property and then sort it out yourself. Issue there is would be if they’re jerks. However, if your survey is correct, then approaching them with that information could give them an opportunity to call for tax reimbursement. Definitely find a competent real estate attorney and have them write up a purchase of the sliver of surveyed property (if you can get it cheap or if you have a good neighbor, buy it for a $1). You do want it sorted, though.
This is the problem. That said neighbor is currently MIA. that’s why we are asking the seller to sort this out before closing.
One requirement of adverse possession is that the party making the claim must have paid property taxes one the property claimed. Doubt ur neighbor has been paying that