After reviewing the ALTA survey for the park we have under contract it shows:
9 homes of the 43 occupied hang over the property line.
I think 6/9 have room to move up but 3/9 do not.
Turns out the fence line was built a few feet off. I don’t think the seller or the neighorboring property owner are aware of the encroachment.
We were planning on closing the park with cash next week and financing the park after.
Will we have trouble legally or financing the park?
Any thoughts or solutions?
You may want to get an attorney involved to review for you.
How long have the homes been there? If they have been there for a long time (15+ years) it’s less likely you will have a major issue getting the problem fixed. If they were recently moved in you may have more trouble.
If homes have been there for a long time an attorney can best advise you on your options for any homeowners who won’t do a voluntary boundary adjustment in exchange for a small payment.
After consulting with an attorney and learning how hard this will be to remedy it may be reasonable to ask the seller for a discount equal to the costs involved in rectifying the problem.
Best of luck
@DanS , as per your post:
Yes, you will have trouble.
This MHP has 9 Mobile Homes on someone else’s property…and NOT the property that you are planning on buying.
Moving a Mobile Home several feet or down the road will be close to the same price.
The Mobile Home Mover will have to:
Moving 6 Mobile Homes will be pricey.
There is then the issue of 3 Mobile Homes that have no where to go. What will you do with these Homes?
Yes, the neighbor COULD sell you a portion of their property, but do they want to? What will happen when they find out that there are 9 Mobile Homes on their property?
Frank has indicated that he has had the issue before. If I remember correctly, Frank ended up gaining legal possession of the land in issue.
However, what if you cannot gain legal possession of the land in issue? You will be left with a big and expensive mess.
We wish you the very best!
Do a search on here Frank answered this for me about 1.5 years ago. I bought a park with some homes that hang over onto a neighboring property. If the neighbor complains you may be able to actually take over the land via adverse possession. Adverse possession - Wikipedia
What is the neighbor going to do about it? Most likely nothing. Like I said, you may even have legal rights to the land if you’ve been using it long enough.