Alvin, TX asked in Real Estate Law for Oklahoma

Q: What can be done if you find out a corner of your home is over the property line. Home built 15 or so years ago.

We have a contract to sell the property and the surveyor said part of home over property line. What can we do to be able to finalize sale?

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1 Lawyer Answer
Anthony M. Avery
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A: You are not able to sell the home, as you will be sued for warranty breaches and unmerchantable title. Hire a real property attorney, not a title company, to search both Titles and attempt to get a Boundary Agreement with the adjoining owner. You may have to pay him for the encroachment. Record the executed agreement which perpetually changes the boundary for all successors in interest.

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