This is one for The Hardy Boys: The Case of the Stolen Dirt.
As a buyer what rights do I have in the following scenario? I purchased a tract of land in 08/06. Closed on the deal 10/06. Visited the tract in 12/06 to find extensive excavation was performed for road building material without my approval. When questioned, the Broker/owner informed me that he forgot to mention that the developer (real estate agent that works for the Broker/owner) had a verbal agreement with the individual that sold the agent the 1/2 section for subdivision that if any material was needed to complete a road project further up the road and on a separate subdivision that it would come from the existing parcels. The agent owned and was attempting to sell two remaining parcels that she could have taken material from. She however gave approval to excavate mine. As a buyer I was never informed of any verbal agreement regarding this and there were no disclosures to this agreement. What rights do I have short of taking this disingenuous realtor to court?
The bad news is, your recourse is probably a lawsuit. The good news is, at least in Arizona, you will almost certainly win.
In Arizona, there is no such thing as a verbal easement. If a previous owner had given a developer verbal permission to remove dirt from your parcel, that verbal permission lapsed when you closed escrow on the land. The person removing the dirt since you took ownership is guilty of trespassing, theft and, reasonably, is liable for damages.
Having said that, I’ll bet you can guess the next part: You need to take this up with an attorney. You are aggrieved, and you have a right to be made whole, but this won’t happen without at least a little saber rattling.
Technorati Tags: real estate, real estate marketing
John L. Wake says:
Greg,
That was way to easy to be a Hardy Boys mystery!
Maybe #1 son can help you find a stumper.
January 19, 2007 — 10:28 am
jf.sellsius says:
Insightful interview.
January 19, 2007 — 10:42 pm