Neighbour bought wrong property.

[rrroae]

What is the name of your state? PA
Well I'm going thru a very odd and frustrating situation. Oct of last year I bought 100 acres of vacant land(parcel 1). Year before, my neighbour bought a 16 acre tract(parcel 2) which was to include a house and pond. These are both off of an original 116 acre tract of land containing 2 seperate parcels.

Problem is my neighbor thought the 16 acre parcel, contained the house and pond. Instead, the house and pond is part of parcel 1(100 acres) and his 16 acres is on the opposite side of the road on the far east side of my property which makes it a 16 acre landlocked piece of land.

Logical solution would be for us to swap pieces of land and do a simple deed correction.

Nope. He instead wants me to give him 34 acres of land from my parcel 1 and he would still keep his 16 acres. His arguement being he has a right in equity and I should have known what I was getting. My attorney says he has no right of equity and has been paying propety taxes on 16 acres of vacant land. So why am I being sued(along with realtor and original sellers)?

More to the story if anyone interested but I wanted a brief summary. Anyone ever run into a similiar situation? Any advise?

 

[Some Random Guy]

Something in your story makes very little sense. Do I have this right:
You bought 100 acres including a pond and house.
Some idiot bought 16 acres without finding out what he was buying.
He is now suing the sellers and you.
Correct so far?

Nowhere in there do I see any reason for you to owe him anything. You have no legal relationship to him other than owning one of several properties that cause him to be landlocked. He can probably get an easement across your property (or a neighbor's property) to get to his land.

Logical solution would be for us to swap pieces of land and do a simple deed correction.

Perhaps you left out some facts here. Why would you want to give up a house in exchange for vacant land?

 

[justalayman]

Anyone ever run into a similiar situation?

No. everytime I bought land, I looked at the property description and it either gave me dimensions and the total acreage or it was a lot number that was similarly described in a plat map.

Then I had at least a mortgage survey done to at least show me on paper what the property included and where it was located.

Apparently neither of you two did this.

 

[rrroae]

OK, more facts. 2 days before closing, I saw there was a problem with my neighbour's deed. Brought it to the realtor's attention who in turn said she was aware of the problem and if I promised to give the house, pond and 16 acres in exchange for my neighbours 16 acres, all would be ok. So I DID have prior knowledge of a problem.

Now one other reasons my neighbour is suing me is for trespassing. After 5 months of offering to swap pieces with my neighbour and getting nothing my attorney gave him a 10 day notice for a resolution or we would procede with a motion of ejectment.

No response.

Gave another 10 days.

No response.

On the 12th day we(my attorney) gets a call from his attorney seeing if we were going to trade hime our 34 acres with the house and pond for his 16 acres of landlocked land.
The following day we started cutting timber on the house side(west, containing 34acres).
Of the 34 acres we cut approximately 8 acres no where near the house. This is where he is suing me for trespass.

Apparently he had a title search performed by the above mentioned attorney as well as recieved title insurance. On the tax map it clearly shows(and I saw at time of closing) that my neighbour had bought the wrong property. Not sure how his bank let this get thru as it was their own title insurance company. Also the parcel he believed he was buying is a triangle(the 34 acres on the west side of the ride), where as his deed description for his 16 acre parcel describes a perfect rectangle. Thats why rite after close I went to is house to see how soon we could get the problem corrected.

 

[Some Random Guy]

OK, more facts. 2 days before closing, I saw there was a problem with my neighbour's deed.

What problem? Your new neighbor who hadn't bought the land yet? If that's the case then the new neighbor was informed that he was buying a vacant lot. If you're talking about the seller, then what's the problem? You were telling the seller what he owned, and he knew what he owned. How does that create any legal obligation betwen you and the new neighbor?

Brought it to the realtor's attention who in turn said she was aware of the problem and if I promised to give the house, pond and 16 acres in exchange for my neighbours 16 acres, all would be ok.

I've asked this before: Why should you give up a house and pond for 16 acres of vacant land? You claim to have bought the 100 acres with house and land with no problems. Why have you been fighting so hard to give away your property?

 

[rrroae]

What problem? Your new neighbor who hadn't bought the land yet?


.


I've asked this before: Why should you give up a house and pond for 16 acres of vacant land? You claim to have bought the 100 acres with house and land with no problems. Why have you been fighting so hard to give away your property?

I hadn't bought my 100 acres yet. My neighbour had purchased his parcel prior to me.(1year)

I wasn't suppose to be buying the house and pond. It just so happened to be part of my deed and my 100 acres.

And I am trying very hard to do the right thing but it looks like I'm getting burnt for it.

 

[Some Random Guy]

Ah, I had misread that you bought your land first.

So, you bought this land knowing full well that the neighbor was sold a house and pond but that the legal documents didn't show that. You brought this upon yourself.

Your Realtor said all would be OK because that's how Realtors get their commissions. They are not on the hook for your legal bills.

You already have an attorney who is assiting you. You will need more of his time. Although you have no relationship to the neighbor, it seems that the neighbor is arguing that the house was not the seller's to sell since he already agreed to sell it.

Perhaps you should sue the original seller and your Realtor. Ask your attorney if you have any grounds to do so yet.

 

[justalayman]

Well it sounds like your neighbor screwed up when he bought his property and had no real idea what he was buying. Too bad. His problem. He bought whatever his deed states he bought.

Now that he wants to be a jerk and his property is landlocked (presumably by yours) I would tell him to stay the hell off my property or I would have him arressted for trespass.

 

[rrroae]

Ah, I had misread that you bought your land first.

So, you bought this land knowing full well that the neighbor was sold a house and pond but that the legal documents didn't show that. You brought this upon yourself.

Your Realtor said all would be OK because that's how Realtors get their commissions. They are not on the hook for your legal bills.

You already have an attorney who is assiting you. You will need more of his time. Although you have no relationship to the neighbor, it seems that the neighbor is arguing that the house was not the seller's to sell since he already agreed to sell it.

Perhaps you should sue the original seller and your Realtor. Ask your attorney if you have any grounds to do so yet.

And the realtors also told my neighbours they were buying everything to the west side of the road(which is 34 acres instead of the 16 acres) to include the house and pond.

I never said I was suing the realtor's or trying to recoup legal expenses nor do I want to waste my time suing. All I want is my 100 aces of land. Neighbour can have the house and pond and 16 acres of his choosing. Instead he is arguing for all 34 acres on west side of road(mine), no land swap, and timber damages on my own property, plus punitive damages for loss of enjoyment. Am I dillusional or is this horses**t?

Fact remains, he bought the wrong parcel of land and is now looking for a windfall.

 

[justalayman]

And the realtors also told my neighbours they were buying everything to the west side of the road(which is 34 acres instead of the 16 acres) to include the house and pond.

I never said I was suing the realtor's or trying to recoup legal expenses nor do I want to waste my time suing. All I want is my 100 aces of land. Neighbour can have the house and pond and 16 acres of his choosing. Instead he is arguing for all 34 acres on west side of road(mine), no land swap, and timber damages on my own property, plus punitive damages for loss of enjoyment. Am I dillusional or is this horses**t?

Fact remains, he bought the wrong parcel of land and is now looking for a windfall.

First thing is: do not believe the realtor when they say " the property line is here". It means nothing. It is the buyers responsibility to verify the facts. The realtor is not a surveyor.

Next; understand what the papers they throw in front of you at a closing mean. Apparently your neighbor didn't.

Does this guy have a sales agreement that states he is to purchase the house or is it simply a land description?


BTW: do you have title insurance just in case??

 

[rrroae]

Injunction question.

One other question. My neighbour has previously attempted to obtain two injunctions against me to keep me of what he considers to be his land. Both were dismissed on the grounds he has an adequate remedy of law(get his money back). Today I was up at this property and shortly was visited by a state cop who said there was an injunction against me to be on the land in question. Asked for a copy and sure enough there was a new injunction.

My question is how on last wed when the real estate company was filing their preliminary objections to my neighbours suit against them could a new judge overide the 2 existing denials for injuction when I wasn't even a part of the procedings nor was there any mention of an injuction request at a totally unrelated hearing?

 

[rrroae]

First thing is: do not believe the realtor when they say " the property line is here". It means nothing. It is the buyers responsibility to verify the facts. The realtor is not a surveyor.

Next; understand what the papers they throw in front of you at a closing mean. Apparently your neighbor didn't.

Does this guy have a sales agreement that states he is to purchase the house or is it simply a land description?


BTW: do you have title insurance just in case??

Yes, my neighbour had a sales contract that he was purchasing 16 acres with a pond and house although the deed mentions no house nor does his tax bill. Yet because the realtor told him he was getting everything to the west of the road, he believes he is entitled to the 34 acres that sits to the west of the road and is part of my 100 acres not the parcel 2 which he actually bought and which sits to the far east of the road and contains 16 acres.

I agree to not put to much faith in a realtor's word but I am also accustomed to handshake agreements and people who keep their word. Live and learn.

And yes I have title insurance. Pheww

 

[rrroae]

Well spoke to my attorney today. He has decided to get additional litigation support for us.
My queston is, does anyone believe it is a wise decision to hire a criminal litigator with numerous murder trials under his wings for a real estate case? He's close friends with my attorney and knows the judge's brother. He's also taken a keen interest in the case. He's supposedly a real bulldog but still he's a criminal litigator and my lawyer, who I think highly of, is a real estate attorney. Seem odd to anyone or go ahead full steam.

One another note, I found out the judge granted the plaintiffs an injuction against me on their third request without me having any representation.

My question is, don't you need to post a bond for an injunction and is it highly irregular to issue an injunction when your first two requests were denied and the defendant isn't a party to the hearing where the injunction was granted on the third attempt?


If anyone is interested in being kept up to date on this case I will continue to do so. I think it's a pretty oddball case but if no one else does I'll stop posting.

 

[justalayman]

If anyone is interested in being kept up to date on this case I will continue to do so. I think it's a pretty oddball case but if no one else does I'll stop posting.

You are in over my head but I would like to hear how this comes out.
Please post back when you have an update.

 

[LindaP777]

If anyone is interested in being kept up to date on this case I will continue to do so. I think it's a pretty oddball case but if no one else does I'll stop posting.

Yes, please keep us updated.