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Could the Closing Attorney Be Liable for Property Encroachment?
Could the Closing Attorney Be Liable for Property Encroachment?

Could the Closing Attorney Be Liable for Property Encroachment?

So, here’s the deal – my partner and I decided to take the plunge and buy a house this year. Exciting stuff, right? Well, as part of the whole process, our closing attorney did a title search for us. Fast forward a few months after we’ve officially become homeowners, and we discover something a little unexpected. Turns out, the previous owners had signed an encroachment agreement with our neighbors. Sneaky, right? Their fence decided to squat about 6 inches onto our property.

Now, the kicker is that this encroachment agreement is one of those things that sticks with the land. So, here we are, scratching our heads and wondering – could our closing attorney be on the hook for not clueing us in on this before we signed on the dotted line? I mean, it’s not like this whole fence situation was part of our pre-closing chit-chat.

Okay, hold up. Before you start thinking I’m about to go all legal eagle on this situation, let me assure you that I’m not out for blood here. Honestly, we’re pretty chill about the whole thing. We love our new place, quirks and all. The encroachment may be a tad annoying, but it’s not a deal-breaker for us.

By the way, big shoutout to everyone who chimed in on this. I swear, I’m not some kind of crazy person fixating on a few inches of fence. We’re totally cool with how things turned out. Plus, turns out the encroachment was actually recorded, and it’s right there on the title commitment, clear as day. So, no funny business going on behind the scenes.

Living in a subdivision with these narrow lots, you kinda get used to the idea of having neighbors’ stuff inching onto your property. Six inches might not sound like a big deal, but it’s still a bit irksome that our attorney didn’t give us a heads-up about it. I mean, come on, we were paying the guy to do a thorough title search, weren’t we?

Sure, it would’ve been nice if the attorney had dropped a casual mention about the fence shenanigans before we closed the deal. Just a little FYI, you know? But hey, no hard feelings. We’re not losing sleep over it. At the end of the day, we’re happy homeowners, encroaching fence and all. It’s all part of

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