seller did not disclose/lawyer did not find issue with house
We purchased our house last August. One reason for buying where we did was because taxes are lower and we could have a fire pit in the back yard. The fire pit was something that was really important to me. My hubby called the township on Monday to ask about a modification we wanted to make to the berm (a railroad used to run behind the house built in 2008--we are part of a large subdivision) and the berm was to baffle the sound) in our backyard.
Our plan was to flatten it a few feet in order to put a fire pit area there) and he was told we absolutely cannot touch the berm and that this would have been disclosed with our purchase agreement. It was not. The seller did not disclose. We talked to the lawyer and he said nothing was registered. However, hubby went to the township office and got registered documents where it states that the berm cannot be touched.
We feel that the lawyer should have discovered this document and also the seller had a responsibility to disclose this information. Is there any recourse for us? Are we just stuck making do? It's possible that in the next few years when CN decided what to do with the property all of the restrictions could change.
Our plan was to flatten it a few feet in order to put a fire pit area there) and he was told we absolutely cannot touch the berm and that this would have been disclosed with our purchase agreement. It was not. The seller did not disclose. We talked to the lawyer and he said nothing was registered. However, hubby went to the township office and got registered documents where it states that the berm cannot be touched.
We feel that the lawyer should have discovered this document and also the seller had a responsibility to disclose this information. Is there any recourse for us? Are we just stuck making do? It's possible that in the next few years when CN decided what to do with the property all of the restrictions could change.