My question involves real estate located in the State of: Tennessee
I purchased a piece of vacant rural property. I had it zoned as commerical in order to construct a multi-purpose bldg. It houses a non-operating retail business, and living quarters. At the time of the lot purchase, no professional survey was ordered, and the 1+ acre was walked off. At that time the seller owned all the surrounding vacant land. During original construction, and a later addition, the septic field lines were installed partially outside of the walked-off boundaries, with the seller/owner's knowledge, and with his own assitance during installation.
The land surrounding my own was offered for sale over 10 years later, with the benefit of a professional survey, of which I was not privy to any input. This survey was construed unfavorably, as far as part of the offending items. The southern adjacent side was subsequently sold. This lead to the new purchaser and the seller each claiming a portion of field lines on their properties. Between the new owner and the original seller, they thought it best to sue their neighbor (me), as opposed to working out a compromise of some kind. The suit demanded the field line be removed, and a portion of a building addition.
My attorney failed me big time. He failed to timely file an Answer, and let the suit go into a default judgment after not appearing at the hearing. My day in court was by affect, denied. This was with more than sufficient oversight by me in the days previous to the scheduled hearing, even while out-of-town. I didn't just accept this outcome without objection. Although, I was limited in my ability to hire a replacement attorney to have the Judgment thrown out, my formal complaint to the Bar Association, made via the state's Supreme Court, was denied. I appealed and that was likewise denied. So the default judgment stood. The Judgment called for removal of the field lines, and the portion of building that overstepped, of which that second part is already cured. There is no money judgment. The Order is filed with the conveyance office so a title search would show the need to remove the field lines.
Fast forward to today, I would like to sell the property.
The southern piece has changed hands once again, very recently, with nothing mentioned to me about the Judgment lien on record. The original owner/seller of the other two sides of open field is elderly, and has relinquished title to his estate, also very recently. The field lines are in areas that are NOT suited to building structures, and cover very small spaces, compared to the overall size of the lots/acres. The son offered to sell a 1/2 acre, but that solves 1/2 the problem, and the price is not very attractive. I could have a contractor add a pump to the system and keep it self-contained for the same price. In addition, I wonder about approaching the new owners, to introduce myself, and to share possibly new-news about the encroachment.
Knowing I want to do what is required, so I can not have to look back in the future, my questions are these:
1) Does the new owner of adjacent property have the right to enforce the Judgment lien, when not a party to the original suit;
2) Does the older owner's son hold the same status as his father, when not a party to the original suit;
3) Does it matter if the Judgment states removal of the field lines are to occur within 60 days of entry of the Order, yet that date passed by nearly five years ago, with no action taken by the plaintiffs, none of whom are now the current recorded owners;
4) Assuming the Judgment lien needs to be addressed before I can sell without hassle or worry, would an offer to purchase an easement be an acceptable alternative, to a reasonable person, and thus avoid re-routing and replacement. If so, which type of easement would cover this type of situation, once and for all.
Any insight is greatly appreciated.
I purchased a piece of vacant rural property. I had it zoned as commerical in order to construct a multi-purpose bldg. It houses a non-operating retail business, and living quarters. At the time of the lot purchase, no professional survey was ordered, and the 1+ acre was walked off. At that time the seller owned all the surrounding vacant land. During original construction, and a later addition, the septic field lines were installed partially outside of the walked-off boundaries, with the seller/owner's knowledge, and with his own assitance during installation.
The land surrounding my own was offered for sale over 10 years later, with the benefit of a professional survey, of which I was not privy to any input. This survey was construed unfavorably, as far as part of the offending items. The southern adjacent side was subsequently sold. This lead to the new purchaser and the seller each claiming a portion of field lines on their properties. Between the new owner and the original seller, they thought it best to sue their neighbor (me), as opposed to working out a compromise of some kind. The suit demanded the field line be removed, and a portion of a building addition.
My attorney failed me big time. He failed to timely file an Answer, and let the suit go into a default judgment after not appearing at the hearing. My day in court was by affect, denied. This was with more than sufficient oversight by me in the days previous to the scheduled hearing, even while out-of-town. I didn't just accept this outcome without objection. Although, I was limited in my ability to hire a replacement attorney to have the Judgment thrown out, my formal complaint to the Bar Association, made via the state's Supreme Court, was denied. I appealed and that was likewise denied. So the default judgment stood. The Judgment called for removal of the field lines, and the portion of building that overstepped, of which that second part is already cured. There is no money judgment. The Order is filed with the conveyance office so a title search would show the need to remove the field lines.
Fast forward to today, I would like to sell the property.
The southern piece has changed hands once again, very recently, with nothing mentioned to me about the Judgment lien on record. The original owner/seller of the other two sides of open field is elderly, and has relinquished title to his estate, also very recently. The field lines are in areas that are NOT suited to building structures, and cover very small spaces, compared to the overall size of the lots/acres. The son offered to sell a 1/2 acre, but that solves 1/2 the problem, and the price is not very attractive. I could have a contractor add a pump to the system and keep it self-contained for the same price. In addition, I wonder about approaching the new owners, to introduce myself, and to share possibly new-news about the encroachment.
Knowing I want to do what is required, so I can not have to look back in the future, my questions are these:
1) Does the new owner of adjacent property have the right to enforce the Judgment lien, when not a party to the original suit;
2) Does the older owner's son hold the same status as his father, when not a party to the original suit;
3) Does it matter if the Judgment states removal of the field lines are to occur within 60 days of entry of the Order, yet that date passed by nearly five years ago, with no action taken by the plaintiffs, none of whom are now the current recorded owners;
4) Assuming the Judgment lien needs to be addressed before I can sell without hassle or worry, would an offer to purchase an easement be an acceptable alternative, to a reasonable person, and thus avoid re-routing and replacement. If so, which type of easement would cover this type of situation, once and for all.
Any insight is greatly appreciated.
Liens and Encumbrances: Judgment Lien
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