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Questions Answered by Brian R. Zimmerman
2 Answers | Asked in Real Estate Law for Wisconsin on
Q: can sellers of home sign deal for land with D.O.T after accepted offer?

We were aware of the road expansion. Nothing was stated in the condition report. Prior to accepting the counter offer, we were aware no checks have been issued. We were the primary offer for the home and the 1 acre property. 4/22 we went into contract. 5/8 the signed with the Department of... Read more »

Brian R. Zimmerman
Brian R. Zimmerman answered on Jun 10, 2020

The issue appears not that they accepted an offer, but did in fact complete a sale of a portion of the property upon which you have a binding offer. Based on their receipt of compensation, it appears they have already transferred a portion of the property to the state. The Real Estate Condition... Read more »

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2 Answers | Asked in Real Estate Law for Wisconsin on
Q: Have Neighbor that took out line fence on property without my knowledge, now claims 20ft of my property.

He piled all the barbed wire on my property. He asked my logger to cut my trees that he claims on my property.

Brian R. Zimmerman
Brian R. Zimmerman answered on Jan 6, 2020

You would have a claim against your neighbor for trespass and damages for removal of the fence if it was on your property. There may be additional damages for removal of trees.

The first step in these claims is usually to clearly identify the lot line through a survey that locates the...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My neighbor is threatening to sue me over water drainage issues that I believe are self-inflicted. Should I worry?

neighbor purchased a new spec home that was next to an empty lot in 2016. I purchased the empty lot and began construction on my home before his final-grade was done. I found it odd that his house had exposed basement windows below grade, since our lots were both very flat pre-build, but didn’t... Read more »

Brian R. Zimmerman
Brian R. Zimmerman answered on Aug 8, 2018

Responsibility for the run-off will depend upon a lot of factors. Understanding your legal rights and responsibilities in this situation before it escalates further would most likely save you time, money and aggravation. A real estate lawyer will be able to advise you further.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Is it possible to terminate a vacant land offer to purchase if the seller did not provide a map of the property by date

Agreed upon in contract. Also, could the offer be terminated if the seller gave buyer an accepted offer after the date listed in the contract?

Brian R. Zimmerman
Brian R. Zimmerman answered on Aug 8, 2018

Whether you can terminate the Offer will depend on the terms of the contingency contained in the Offer. Oftentimes there are time limits for both the Seller's compliance with the terms, and the time period in which a Buyer is permitted to terminate. Prompt review of the Offer would be best... Read more »

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