Brookfield, WI asked in Real Estate Law for Wisconsin

Q: About 9 years ago...our neighbor had his and our land resurveyed...according to his survey a substantial chunk (cont')

of our land was on his...At the time we were in no position financially to fight it now we are considering selling our home. is there a statute of limitations on real estate law and how come the title insurance we purchased with the house did not apply when we contacted the title company? What is it for then? Also why should I except HIS survey?

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1 Lawyer Answer

A: Your questions are more complicated than you probably intended. You do not have to accept the neighbor's survey. I am unable to determine, from the facts you provided, whether you signed anything waiving your right to challenge the survey. I am also unable to determine whether you made a claim with the title insurance company. There a few statutes of limitations that could apply to situation. As such, more information is needed to provide more meaningful advice.

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