House next door has a tree at the edge of our property. Root is under my drivewa and will crack it soon. Very large and causing lawn problem.
It was sold after foreclosure. I notified real estate agent of problem and probably litagation also the mortgage holder. New owner was not notifed of problem.
What is my recourse and how am I protected?
Real Estate Attorney
Your recourse is to speak to the new owner, tell them about the problem and see if they will voluntarily solve the problem. If not, you can sue them. You can also speak to your homeowner's insurance and see if this is covered.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
You are not a party to the real estate agreement you are talking about, and have no rights to sue under it. Your action, if any, is against the new owner. It is their property now. You should contact them and express your concerns. It does not sound like you have a cause of action yet, because you apparently have no damages. Most home owners will work with you if you have a valid complaint of potential future damages.
Disclaimer - This response does not constitute legal, accounting or other professional advice. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own unique legal challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges.