Legal Question in Real Estate Law in Connecticut

We bought our home 13 years ago

and we were told that the land in between our fence which surrounds my entire yard is the property line We trusted the lawyer and seller. After 7 years living there, there was a house built and people moved in. Now 8 years later they decide to inform us that our fence 30 ft long and 3 feet wide is on their land and want us to remove 15 feet of the fence & our driveway cut. We looked into the land deed & they are right, so not to have any problems we take the fence down, cut our driveway and thought it was over. Now they want us to put top soil and grow grass for them and also told us that if we don't they will bring us to court. They also told us they want the rest of the fence down, and they want they same done there as well.

We have been taking care of this land for 13 years, they knew it was their land for 7 years and never said anything. can we do anything to our lawyer or the seller for misleading us in the first place? Do we have to abide by their demands?


Asked on 12/30/07, 2:38 pm

1 Answer from Attorneys

John Serrano Serrano & Serrano, LLC - Connecticut Accident, Social Security & Divorce Lawyers

Re: We bought our home 13 years ago

I sympathize with what sounds like a very upsetting situation.

The good news is that when you purchased your home, especially if you used a mortgage, you probably purchased a Title Insurance policy. This policy may very well cover your situation. A title insurance policy is paid for once (at the time you purchase the property). It covers defects in the title to the property, including certain boundary issues. The insurance may not have been properly explained to you or you may not remember if it's been 13 years.

I would need to see your closing documents to verify that you have title insurance and that it would cover this situation.

Please note that I have to inform you that my response does not create an attorney-client relationship between us. I am giving you general information and not specific advice about your situation.

John Serrano, Esquire

www.SerranoLawyers.com

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Answered on 12/30/07, 3:41 pm


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