ask george & chuck
Aug. 18, 2008

Correction deads, railroad tracks
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: In 1995, I purchased a home on an acre of land from my neighbor. I knew when I purchased the home and acre that the land had not been surveyed. The seller told me that he had "stepped off" the property from the only known survey marker in the area. I recently had the property surveyed by a professional surveyor, and the property line runs right through my living room. I and my neighbor want to file a corrected deed with the county clerk's office to move the property lines so my home is on land that I own. There is no dispute between my neighbor and me. Can we do this?

Answer: Yes. Correction deeds are filed all the time. They're generally used to correct a clerical error like an incorrect legal description that both parties acknowledge.

Dear George: My husband and I are about to close on a new home. A few days ago, we found out that railroad tracks will be laid down 40 yards from our backyard. Construction is already under way. If we known about this when we were looking at the home, we never would have even considered it. Can we get out of this contract? I feel we were taken advantage of by them not disclosing this information and would like to know if there is anything I can do.

Answer: You have the right not to close this deal, especially if you believe the seller knowingly withheld this fact from you. The effect of railroad tracks on your property values can be devastating. It's easy to search local records to find out who knew about them. Hire an attorney as soon as possible to help sort things out.