We purchased a home 20 yrs ago from a relative and because we (buyer seller) agreed to use the same realtor. I believe the problems we are...

Question

We purchased a home 20 yrs ago from a relative and because we (buyer & seller) agreed to use the same realtor. I believe the problems we are faced with now, should have being disclosed to use then. The property lines that we were shown and had never had any reason the doubt, (we also maintanded the property for all 20+ years) have been moved and new houses are going up. The cesspol system was certified by another relative(deseased now), and it is falling. The amount of property we actually own is not enough to support another cesspol or any kind of system. We probably wouldn't be able to sell as the situation is now. I did talk to an attorney, was told to get a new survey done. My husband(disabled) and I don't have the extra money to put out for something, a big developer could squash in court.

Answer

The only way to establish property lines is by a survey.

Twenty years after your purchased, regardless who the seller was, is a long time after which to make any claims about the property. After a certain number of years of continued occupancy by people claiming ownership interests in it, without someone else claiming it belongs to them, may establish ownership by adverse possession. A lawyer would have to review the history of ownership of your home and the use of the property over time to determine if you could make such a claim for any of your property which is outside property lines established by a survey.

The fact that the cesspool system is failing now after a relatively long period may be within the time that would normally be its lifetime.

The several issues you raise require that you consult with a real estate lawyer to advise you about your rights and your options. You should act as soon as possible, before any land near yours has been developed.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.