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Is that my property line?

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holy-cow
(@holy-cow)
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Don't you just love it when the client is less than impressed with where their boundary line is located less than two weeks after purchasing the property?

In this case, a large auto dealership had purchased a commercial lot of roughly 12 acres about 10 years ago. They constructed a standard looking dealership lot, shop and sales area. After about five years they decide they can make more money elsewhere so they lease a bit less than five acres of the tract to another good-sized auto dealership which includes the improvements. Recently, the second auto dealer decides to purchase the tract they have been leasing. The first auto dealer agrees to sell them that parcel. The deal closed about April 25.

A couple days later I get a call saying they would like to have a survey so they will know precisely where the tract boundaries are. They intend to build a new building to the east of the existing one.

I met with them yesterday morning and was provided the deed. Immediately upon reading the description I knew they didn't buy as much as they thought they did. Within 30 minutes of starting the search for existing monuments the owner rolls up and says, "Is that my property line?" After a few whereas's and therefore's I said that it probably was. He was not a happy camper. Later I had to inform him that he only owned half of the driveway and street approaching the building. Told him he could drive in but he couldn't drive back out. That didn't cheer him up very much as there was no easement mentioned in their deal to accomodate mutual use of that access which is the only access.


 
Posted : May 10, 2013 3:57 pm
dave-karoly
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It may be an implied easement if the other half of the driveway is on the grantor's remaining land.


 
Posted : May 10, 2013 4:22 pm
Bob Port
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Holly Cow !

That's the type of story that the press should report.

Call an investigative reporter at your local news agency and have them report this.
You can give other expert stories and examples that for this very reason why buyers should have a survey done BEFORE they buy the property, not after.

Great press for you & the profession.


 
Posted : May 10, 2013 6:35 pm