Q: Home encroachment legal issues in Wareham, MA affecting purchase.
I am looking to purchase a home in Wareham, but there are legal complications regarding property encroachment. The house encroaches on the neighboring property by about 10 feet. In 1999, the original owner received a permit for an addition, crossing onto town-owned land, which was later purchased from the town in 2005. The lot was sold along with the home in 2006. Recently, the bank foreclosed on the house but not the additional lot, leaving the lot deeded to the deceased second owners, while the bank holds the house deed. Emails sent to known descendants of the deceased owners have yielded no response. I want to purchase the house quickly but need guidance on how to resolve the encroachment issue. The real estate agent has not provided specific advice, and I have yet to conduct a title search or find any known agreements or easements. How can I proceed with the purchase and rectify the encroachment?
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A:
To address the encroachment issue, the first step is to conduct a thorough title search. This will help you uncover any existing easements, agreements, or encumbrances tied to the property that might affect your ability to resolve the encroachment. A title search will also clarify the legal ownership status of both the house and the additional lot, which seems to be an important aspect of the situation.
Next, you should try to contact the deceased second owners' heirs again, possibly through a legal notice or by consulting with a probate attorney. Since the lot was deeded to them, resolving the issue may require negotiating with the heirs for a transfer of the lot or for an easement that would allow the encroachment to remain legally in place. If you can't reach the heirs, a court proceeding might be necessary to settle the ownership or encroachment issue.
Finally, depending on the findings, you may need to negotiate a settlement or an easement agreement with the bank or the heirs. If this can't be achieved, you could face the possibility of legal action to either correct the encroachment or purchase the additional lot. Be prepared for this process to take some time and consider consulting with a real estate attorney to help navigate these complex issues.
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