My question involves real estate located in the State of: Texas
My husband and I purchased our home in January of 2016. We were the first to occupants in our section of the development, which is about 600 acres. To the north of our land was a wooded area, abutting land own by Litigious Neighbor (LN.) LN's land is about 1/3 of a mile from my own. The neighborhood is being developed by a major home builder.
Since 2015, LN has disputed a 2 acre swath forming boundary between her land and the development. The case between LN and the developer has gone to jury trial and is in its second appeal. The developer has since cleared the wooded area and has built 3 or 4 houses abutting the disputed boundary.
LN is now stating that two surveys dating back to the 1800's cover the area in question. The land has never been developed, farmed, or occupied. The developer is clearing and building houses on land covered by both surveys. However, LN is stating that the developer only purchased the land covered under one of them. My house is built on land allegedly not purchased by the developer. Every deed in my neighborhood now has a lis pendens against it.
Texas does not require owner's title insurance at the time of purchase. I do not know if we purchased it or not, but most likely we didn't. We financed most of the purchase price of the house.
In 3 years or so, the developer will have finished building and selling homes in the development. Will the suit still be against them, or could it transfer to the homeowners? It is possible to purchase owner's title insurance now that we (well the bank) have owned the house for two years? Is the developer responsible until all appeals have been exhausted?
My husband and I purchased our home in January of 2016. We were the first to occupants in our section of the development, which is about 600 acres. To the north of our land was a wooded area, abutting land own by Litigious Neighbor (LN.) LN's land is about 1/3 of a mile from my own. The neighborhood is being developed by a major home builder.
Since 2015, LN has disputed a 2 acre swath forming boundary between her land and the development. The case between LN and the developer has gone to jury trial and is in its second appeal. The developer has since cleared the wooded area and has built 3 or 4 houses abutting the disputed boundary.
LN is now stating that two surveys dating back to the 1800's cover the area in question. The land has never been developed, farmed, or occupied. The developer is clearing and building houses on land covered by both surveys. However, LN is stating that the developer only purchased the land covered under one of them. My house is built on land allegedly not purchased by the developer. Every deed in my neighborhood now has a lis pendens against it.
Texas does not require owner's title insurance at the time of purchase. I do not know if we purchased it or not, but most likely we didn't. We financed most of the purchase price of the house.
In 3 years or so, the developer will have finished building and selling homes in the development. Will the suit still be against them, or could it transfer to the homeowners? It is possible to purchase owner's title insurance now that we (well the bank) have owned the house for two years? Is the developer responsible until all appeals have been exhausted?
Title Defects: Lawsuit Stating Developer Built Neighborhood on Land It Did Not Own
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