four feet of grey area

The plan was to close today. Papers had been drawn up and everything was all set until yesterday morning, when we finally got the survey back from the title company. The size is right, exactly what was described going as far back as the MLS listing. However, the eastern edge of the property - turns out - is four feet inside the east fence. The footprint of the house is within the actual property line, but part of the roof overhangs it by about a foot.

In Texas, something called adverse possession means that because the four feet have been used and assumed to be part of the lot I'm buying for over 25 years, it's owned by the sellers. It's basically squatter's rights. Which is all well and good, but I know a little something about the difference between how things are under the law and how they play out in reality. Some dude owes me two grand, for example, but the law's agreement that he owes it to me hasn't gotten me any closer to collecting it. And while involving the law when a client rips you off is expected and just about the only thing you can do, going to court with your neighbor to settle property issues is far from desirable.

We have a new closing appointment scheduled for Friday, and a second survey due that day, as well. The second survey will start at the establishing point of the neighborhood to determine whether the rest of the neighborhood is also off by four feet. Given the age of many of the homes, it certainly seems possible that eighty years ago some dude doing measurements with a piece of knotted rope or something measured incorrectly. It's probably too much to hope for, though.

Given the situation, I'm wary of going through with closing if the survey comes back the same. I'm meeting my real estate agent tomorrow to talk about strategies and timelines. I'm inclined to put my foot down, however. I've asked for no repairs, despite the condition of the house, and didn't push back at all on price after getting the inspection or the appraisal. It seems reasonable to me, then, that the sellers should purchase this strip of land from the seller prior to closing and include it in the price I'm paying them. I guess we'll find out soon enough whether they agree..