What to do regarding a 3rd party wall agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do regarding a 3rd party wall agreement?
My husband and I purchased a rowhome (2nd in a row of 4 properties) outright 7 years ago. In our contract to buy under “Common Interest Community Governing Documents” from our realtor it states NOT APPLICABLE. In our title company closing documents under “Homeowner’s/Condomium Association” Clause it states – NOT APPLICABLE. Now the 3 other owners in our row are saying that there is, and are trying to enforce conditions in, a 3rd Party Wall Agreement that we have never seen or knew existed and we are at a loss. How could it be considered that we agreed upon purchase to something we had never seen or knew existed?
Asked on October 7, 2012 under Real Estate Law, Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You and your husband need to carefully read the presumed title report and the preliminary title report that you should have received concerning the home before your purchased it through escrow. Assuming you received it carefully read the documents in that if there was a recorded third party wall agreement that you are writing about of record which was recorded on your property it would be listed in the documents. if so, then you would be bound by the third party wall agreement.
I suggest that you may want to consult with a real estate attorney further about the matter you are writing about after you have reviewed your purchase agreement file to see if you have the preliminary report and the title report that I have written about.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.