Millbrook, AL asked in Land Use & Zoning and Real Estate Law for Alabama

Q: I am buying an old house that may be sitting, partially, on the neighboring property. Can they make me remove it?

I am in the process of buying an old house (they don't even have the year it was built on record) that sits on the very corner of it's property. When looking up tax information I have seen some land line overviews that make it look like a corner of the house actually sits on the neighboring property. There isn't a survey currently available and I do plan on having one done. However, I'd like to know if the corner of this house is on the neighboring property can I even buy it? What could the land owner do about it if they realize it's on their land?

1 Lawyer Answer
Amanda B Cook
Amanda B Cook
  • Real Estate Law Lawyer
  • Montgomery, AL
  • Licensed in Alabama

A: You can buy it, for what it is worth. You may not be able to get title insurance without a special endorsement or exception, which is usually only problematic if you need a loan to purchase. You need to do some research on how long the house has been there, there is a statute of limitations on such encroachments. It would be best to have the closing performed by an experienced real estate attorney, who can assure you that you will have good title.

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