Re: the defect

The neighbor who is on the eastern border of the property somehow managed to build 1/4 of their home on “our” side of the property line, and 1/2 of their detached garage. Then “someone” put up a chain link fence so it “looks like” (until you get a survey done) that the house and detached garage are all on “their” side of the property line.

The aerial view of the developer plat lines shows it clearly. We are having a survey done (at seller expense) to find out where the true property line is, but since the (current) seller didn’t bother to get a survey done when ‘he’ bought it (it’s commonly a buyer expense in Texas) I’m pretty sure the survey is going to come back that the neighbor has built on ‘our’ property.

That means our options (legally) are:

1. walk away from the deal
2. get money from the neighbor for the property (likely not going to happen, and what a way to start a war)
3. grant the neighbor an easement (for free) and cure the title for that section of land over to him.
4. get money from the seller so we can do #3 and proceed with the sale

I don’t know when the build happened, but I’m pretty sure it’s been that way since as long as the seller has owned, which is 11 years. I don’t what the law is in Texas, but in California, if you have something like that happen and let it go for 7 years without contesting, then at 7 years and 1 day you have effectively lost the property. I would imagine it’s something similar in Texas (goes back to homesteading laws) so even if we were inclined to go to court we would lose and have to grant an easement anyway.

We “could” keep looking, but at this point if we ended up walking away, we would just wait until we got to Texas and found work and start the process over then, rather than continue to do it long distance. I’m kind of over realtors who won’t get off their duff until after an offer is made and now their commission is on the line.