Gonna lose all my ducks, veggies, fruit trees, and maybe chickens too

[Drafthorsegal]

One common misconception out there is disclosure. I can tell you from personal experience that if you weren't told something when you purchased a piece of property, that doesn't mean anything remotely like : I didn't know so it doesn't apply to me. Or - No one told me! That is illegal that they didn't tell me!!!! Really, its not. Most state laws put the burden on the purchaser... basically if you ASK about it then they MUST reveal and are legally bound to be honest, but if you don't ask, they don't have to mention it. This is especially true about flood plains, wetlands, riparian issues, endangered species, all of that. Basically the home owner/purchaser is responsible for investigating anything and everything about the land before they buy.

Sorry folks.. that is just the way the law is. It's illegal to be lied too or for property to be misrepresented, but its not illegal not to tell someone something if it doesn't come up. There's laws against deliberately withholding info, but on many things the seller simply doesn't know which is why the burden of investigation falls on the buyer. Ask any real estate person on this site or in your own lives, they'll set you straight on that.

However, if they didn't disclose because you didn't ask... that doesn't mean you are not bound too it. That is totally incorrect. You are. The law is for everyone, not just people that 'knew' verses people that 'didn't know'.

Now, that being said: I hope you win out and get to keep your chickens, garden, pond, ducks, and fruit trees. I really do. You have a really good chance of making your case and there are things you can do to keep your property out of the issue completely if it proves to not be wetlands. The burden of proof, however, falls to you.

 

[WingingIt]

I didn't read all of the responses, but get a real estate lawyer to look at EVERYTHING from your closing. They would have had to disclose that to you and it should be on your survey, as well. If it does exist and you are bound by it, but it was NOT disclosed to you - you can file against your title insurance policy and recover the costs you'll have in moving your trees and putting it back in the shape it has to be.

My Aunt had to file against the title policy on her place and she tried talking to them herself (clear case of they researched the wrong plot number) and got nowhere. The first letter from the lawyer came and boy did they get moving to get her fixed right up.

Good luck!

 

[monarc23]

I know when our neighbors bought their house they were told they owned several acres... so when they moved in, they started comingon our property and digging up our one stream to put minnows in. We confronted them and they said "NO! we were told before we bought this place that we own all of this, half of what you think is yours is actually OURS!" we wipped out our surveyed deed thingamajig and even asked our neighbor surveyor to come out and be an outside party to show him that NO.. its ours. Now that neighbor no longer talks to us which is goofy since they were the ones saying that our property was theirs. Just goes to show that when buying a house theres a lot of lies, and or in your case stuff omitted that really is important to know. I am so sorry you're dealing with this and i HOPE there is an easy resolve that works for both you and them...i hope you dont have to say goodbye to what you have nurtured and enjoyed!

eta: this subject reminds me of what my hubby deals with on a daily basis in what he does...he is a reilief driller for natural gas. If you, the property owner dont own the mineral rights, then the person who DOES own the mineral rights can at ANYTIME get a drilling rig to come tear up your property and drill and put up gas wells that stink

. I thnk it's rude and I completely don't blame the people who own their own land but not the mineral rights (many dont know there is such a thing) and get upset about it, now what does upset me is when they confront my husband and the other people on the rig like its their fault they are just doing a job. I thikn it is a shame that when you buy a place, if you dont know EVERYTHING about everything when it comes to property you may end up buying a place that you are miserable in for the rest of your time being there

its a shame.

 

[KatyTheChickenLady]

Basic title insurance covers the title of the property insuring that there are no leins or claims against it. EXTENDED coverage covers things like property line disputes and unfiled disclosures. Look at your closing papers or call your title company to find out what type of coverage you bought. However draft horse gal is correct it's not going to change much, other than perhaps cover the cost of relocating your plants.
I think in some states you might have a case against the seller if indeed he signed these documents before selling to you but then did not disclose that the property was usable for what he implied the sale was for (ie: a yard). Again that won't change the situation, just might provide some compensation.
However let me say this; I bought a piece of property that wound up being in every district possible, the hillside district, the wet land district, the historic district and a few others. I was more than a little worried I that I wouldn't be able to build my garage or pool that I had set my heart on. But what I did was go down to the city/county and politely ask their rules. I told them what I wanted to do and asked how I could work within their guides. They were so happy to have someone not yelling and threatening lawyers, they bent over backwards to help me. I wound up with everything I wanted, as it turned out we wanted the same things for the neighbor hood. The only changes I had to make t omy plans was to put wood windows in the garage (historic) and move my fence a few feet (waterway).
I think you may be in the same situation. Obviously the area supports some type of water as you have a pond there. You may find that they look at the trees as shade providers and the ducks and chickens are considered wildlife . . . right?
I may not be correct on everything I have said, and it sure sounds like drafthorsegal knows what she is talking about; but I would urge you to be your nicest and go down and talk to them like humanbeings.