"HOW CAN THAT BE - THE TITLE CO SAYS THEY DON'T THINK SO"
I was hired to look a property that is being sold as stipulated w/in the RE Contract that the seller provide a new survey.
The new 'survey' is an ILC.
A half acre parcel, $525,000 house built in 1983 and sold 4 times since. The seller did not have a survey nor ILC done and the deck, etc was built by previous owner.
I go out and find that a deck, gazebo and hot tub on the back/side of the house is built not only into a 10' Utility Easement but encroaches 3 feet onto the adjoiner.
After sending out the document, the realtor calls and says my work is wrong because she called the Title Company and they said they have no record on the encroachment and what I'm saying is not there.
After talking w/ the title co. - what they said to the realtor, was they have no record of a gazebo & hot tube. I said well, it's there. Do you want to meet at the property? They said no.
The realtor calls later and says the title co. is going to take exception to the encroachment. And then goes on to tell me that because of me, this transaction is on the edge of falling apart and that the title co. stands behind saying that they don't think there is a problem.