Expert: Dick Dennis - 7/6/2008

Question
Hello~ I have been living on my property for 5 years. When I bought, the adjacent lot (owned by the same seller) was also for sale, and I chose not to buy. he owned both lots so he had built a garage parially over the boundary line. He had the home re-surveyed to address this and a shared driveway. I have that survey. Problem, lot just sold, WRONG survey used, and WRONG survy recorded in MY sale.I am beside myself. How could this happen????? I have the CORRECT survey and in it I clearly own the driveway and garage. Now neighbor using driveway based on wrong survey. Seller also signed disclosure....stating no encroachments ect. What do I do? My house is no longer even marketble ...no driveway, half the garage over lines..WHY was the wrong survey filed at the courthouse in BOTH sales (same realtor) and what can I do? Realtor says it's a title insurance issue, othrs say SHE goofed up. Thanks in advance.

Answer
Yes, Michele, all this wouldn't have happened if your real estate agent knew what she was doing. My suggestion is to consult with a REAL ESTATE attorney and sue everybody in the picture, agent (especially her), seller, other buyer and surveyor. The attorneys will sort it all out. By the way, when you bought the property you got title insurance. Chances are very good that you are entitled to money from that title insurance company. Your attorney will make sure of that, too. Don't try this by yourself. A few years ago a title insurance company made an error in my purchasing a property. They paid me $20,000. I'm not saying you could get the same, but a good real estate attorney will make sure you get what is right for you. I wish you well.

Dick Dennis