Signed agreement for lease with option to purchase on 13 acres. $2000. down. Neighbors are claiming the property as theirs. They lost it due to non payment of land taxes. It was purchased at auction by the man I am purchasing from. The neighbors are very verbally violent and I do fear for myself and my belongings. I do not reside on the property yet. I have called the law out twice now. Nothing has been done. My gate was even torn down. Officers said they could not distinguish the property lines. I have a survey maps and copy of deed. I wish I had never signed this paperwork. The owner will not do anything about my problem. It has only been 2 weeks since signing. Is there any way to have my down payment returned and void the contract?
Yes. Depending upon the language in your contract [lease/option] you may be able to cancel the contract by showing a bad title in the owner/lessor. For that you should obtain a current title report from a title LAWYER. Many leases contain a covenant of quiet enjoyment that might help in this case. Also I wonder whether there may have been a misrepresentation by owner/lessor that would allow you to cancel. You would be wise to take all your paperwork to a lawyer who does real estate law practice. Keep a written record of all run-ins with the angry neighbors, take photos/videos, and keep reporting crimes to law enforcement. You might also consider filing a civil lawsuit against angry neighbors. These cases are sometimes difficult. Good luck.
These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.
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