Mik Cohen - Listing Broker of Fine Homes
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Property Line Dispute ?

7/20/2010

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SOME PEOPLE JUST SUCK.

We had this contract, on this property, where the neighbors had decided that they "own" a certain section of our contracted property.

In short, our contracted property, that happened to be a wholesale deal, was embedded in a property line dispute that was NOT, truly, a property line dispute.

The "true" owner contacted me through my website and we agreed upon a purchase price.

At the point of signing off on my contract, one of my addendums required the seller to disclose the integrity of the property, ensuring that there were no boundary disputes and that there was clear/insurable title.
Pretty standard stuff, really.

Turns out there was an ongoing boundary dispute, where the neighbor had, what turned out to be, an invalid claim.

In short , this seller had, previosuly, had his property listed on the MLS and the listing agent was not able to guide this seller into resolving the property line boundary "dispute".

As a result, the seller was not able to sell their property, because they were not able to pass a clear, insurable, title.

Obviously, this issue had everything to do with this seller, ultimately, contacting us.

So, we looked into the "dispute" and found that the neighbor was trying to file quiet title based on ADVERSE POSSESSION.

What was absent from that neighbor's claim was the actual requirements for such a claim.

Basically, the neighbors had no structures, fencing or anything, actually, to substantiate their claim, though they had an attorney that had had some success in bullying the seller AND their trusted listing real estate agent, into believing that their claim was valid.

So, the listing agent had to disclose the dispute and, as a result, the seller's property just sat on the MLS - with no offers.

MORE importantly, the listing agent never confirmed the validity of the neighbors false claim.

So, after the seller contacted us AND we performed our due diligence, we quickly discovered that the neighbors claim was bogus - we contracted to purchase the seller's property, had our attorney address the absence of the neighbor's claim, thereby removing the "dispute" and we proceded to close 3 weeks later.

Point of this blog is to emphasize the importance of performing YOUR OWN due diligence. 
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