I bought land under wrong information

[wooddirk]

What is the name of your state (only U.S. law)? TEXAS

I bought land under wrong information

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What is the name of your state (only U.S. law)? TEXAS

We bought a piece of land with a shared driveway to a county road.
Seller and Realtor and also the Title Company assured us that we have a right of way to our property using that drive way.
There is a easement in our deed and title concerning a drive way.
It turned out to be a easement for a driveway to be made and that we have not a right of way on the excisting one.
Also there were the so called new drive way supposed to be is a excisting house and part of that new made driveway would go over it.Realtor and Title company mis informed us by mistake and we all looked at the wrong drive way.
If I was properly informed I would never have bought the land and also becouse of not having a excisting drive way now I have paid way to much for the property.
I feel that I have bought something and did not got and paid for what I thought it was and supposed to be.
LAND WITH A EXCISTING DRIVEWAY.! I could use.
Now I have a piece of land I can NOT GO TO.
Do I have a case to take this to court?

 

[Ozark_Sophist]

Did you have a survey?

 

[wooddirk]

Did you have a survey?

The survey that we have was made in 2001. When we purchased the property they told us we did not need a new survey. We purchased the property in 2007. We found out that four of the houses in front of our property are on illegally sub-divided land. In this area no one is allowed to divide less than 5 acres lots. There are four houses and one that is where our easement is partially on top of our legal access we found out just a few days ago. The man who illegally sub-divided the land built and sold all four of them. No one has made him liable as of yet. When we bought the property, we had placed in the contract an extra condition that a legal easement was part of the sell. The original contract specifically mentioned the SHARED DRIVEWAY that exsist between two other houses not the actual easement that is mention in our survey. When we bought the place we were told that all conditions from the sale contract with the realtor has been met.

 

[Ozark_Sophist]

If you had owner's title insurance, you may want to review your policy. But as you didn't get a survey yourself, it is unlikely you are covered there--regardless of what the title company said at closing.

Is it possible to buy an easement for the shared driveway? You are going to need a real estate attorney.

You might be able to work out a settlement with the owner's of the property built on your easement. It sounds like they didn't get survey's either. They are encroaching on the easement, and you could sue to have the encroachments removed. Perhaps they (their title companies, if any and if responsible) would settle for the money you need to buy an easement for the shared driveway instead of having to tear down their houses.

You can't argue you have a landlocked property because you don't. Someone just built houses on your easement.

 

[wooddirk]

If you had owner's title insurance, you may want to review your policy. But as you didn't get a survey yourself, it is unlikely you are covered there--regardless of what the title company said at closing.

Is it possible to buy an easement for the shared driveway? You are going to need a real estate attorney.

You might be able to work out a settlement with the owner's of the property built on your easement. It sounds like they didn't get survey's either. They are encroaching on the easement, and you could sue to have the encroachments removed. Perhaps they (their title companies, if any and if responsible) would settle for the money you need to buy an easement for the shared driveway instead of having to tear down their houses.

You can't argue you have a landlocked property because you don't. Someone just built houses on your easement.

I don’t think its possible to buy easement for the shared driveway as the owner is not sympathetic with us and this is the reason we found all out about this.
Also I would feel really bad to sue the person in the house build on top of the legal easement as she is a elderly lady living alone on social security since her husband past away.
We bought this land for our son to build on as it is adjacent to ours from the far back site.
We could extend our own driveway towards that land we bought but that would be expensive. ( a lot of tree’s have to be knocked down )
As we did NOT received what we were promised and paid for by contract, can we not sue for the cost to have that extension excess driveway build over our land ?
If you think that we have a case than we are willing to spend the money to hire a real estate lawyer.
If so… we do we have to sue?
Seller?
Realtor?
Or
Title Company ?

I appreciate your help in this difficult matter.

 

[wooddirk]

Help

I REALLY HOPE I GET SOME MORE ADVICE ON THIS MATTER as what I got sofar is very poor.To tell me to get a lawyer is to simple and I can get myself giving that advice.

 

[Ozark_Sophist]

You did not get a survey. You have no recourse against your title company or the realtor. If you can prove the previous owner was aware of the problem, you may have a case against that person--but you need an attorney for that, and I doubt you have a case. You did receive what you were promised by deed and contract. That it didn't match what you believed to be the case is your fault because you did not get a survey or apparently know how to read an easement deed description.

The only thing you can do to recoup costs is enforce your legal easement. The little old lady should have title insurance to pay for it. The only way her title company will listen to you if you get an attorney.

 

[wooddirk]

You did not get a survey. You have no recourse against your title company or the realtor. If you can prove the previous owner was aware of the problem, you may have a case against that person--but you need an attorney for that, and I doubt you have a case. You did receive what you were promised by deed and contract. That it didn't match what you believed to be the case is your fault because you did not get a survey or apparently know how to read an easement deed description.

The only thing you can do to recoup costs is enforce your legal easement. The little old lady should have title insurance to pay for it. The only way her title company will listen to you if you get an attorney.

Thanks Orzark..this advice is most helpfull.

Yes I persume the owner know's about it as he lived there with a mobile home ( he sold the mobile separate ) on the land and used the excisting driveway as the only excess to his property. He assured me and the realtor that I had a easement on that driveway and under that understanding the sale contract was signed with a extra condition about the legal rights to that.

I will contact a lawyer and again thank you for your help.

 

[Ozark_Sophist]

Thanks Orzark..this advice is most helpfull.

Yes I persume the owner know's about it as he lived there with a mobile home ( he sold the mobile separate ) on the land and used the excisting driveway as the only excess to his property. He assured me and the realtor that I had a easement on that driveway and under that understanding the sale contract was signed with a extra condition about the legal rights to that.

I will contact a lawyer and again thank you for your help.

That doesn't prove the previous owner knew that was not the legal easement. He might have assumed that was the legal easement.

He can't give legal rights to something he does not own. Again, you have to prove he did not know that.

 

[wooddirk]

That doesn't prove the previous owner knew that was not the legal easement. He might have assumed that was the legal easement.

He can't give legal rights to something he does not own. Again, you have to prove he did not know that.

I have e/mails from the realtor whom tells me that he contacted the seller and after there conversation they both assurred me that I have a right of way for that shared drive way.

If I don't seem to have that now than they lied.

 

[wooddirk]

one more and hopefully LAST question

As every one notice we are not experienced with dealing selling and buying property's and mostly we trust and believe sellers,realtors and title companies what they tell us,

My last question is: " How and were can I find ( read ) in my paper work if I have Title Insurance or not ?

The sellers and realtor's contract say's under 6) TITLE POLICY AND
SURVEY A) Title Policy: Seller shall furnish to buyer at seller's and buyers expense an owner policy of title insurance(Title Policy) issued by (name of Title Company)
Both boxes are marked as yes for 6

 

[HomeGuru]

As every one notice we are not experienced with dealing selling and buying property's and mostly we trust and believe sellers,realtors and title companies what they tell us,

My last question is: " How and were can I find ( read ) in my paper work if I have Title Insurance or not ?

The sellers and realtor's contract say's under 6) TITLE POLICY AND
SURVEY A) Title Policy: Seller shall furnish to buyer at seller's and buyers expense an owner policy of title insurance(Title Policy) issued by (name of Title Company)
Both boxes are marked as yes for 6

**A: we can't tell you where to find your own paperwork.

 

[wooddirk]

Nevermind

May GOD bless you with more intelligence you are allready showing to have.
I will ask that question to my lawyer.

 

[HomeGuru]

May GOD bless you with more intelligence you are allready showing to have.
I will ask that question to my lawyer.

**A: ok, ask your attorney where to find your own paperwork.

 

[wooddirk]

smarty pants

I certainly will as I know now for sure you wont have the answer and beeing very arrogant...its been forgivin. ( just wunder how young you are ) or never learnt any manners and/or respect ..even if you think that your smart remarks are funny ..than I can tell you that you are MISTAKEN but you will learn that with life to come and I hope there is some life left to do so for ya !!!!!!!