Escrow & Title

A Vermont property owner who discovers their neighbor's fence encroaches 2 feet onto their land after closing has which option?

ANo recourse — the closing extinguishes all claims
BA cause of action against the seller for breach of warranty deed covenants or for quiet title/trespass against the neighbor✓ Correct
CA claim only against the title insurance company with no other recourse
DFile a complaint with the VREC against the closing attorney

Explanation

A buyer who discovers an encroachment may have a claim against the seller for breach of warranty deed covenants (covenant against encumbrances, quiet enjoyment), may sue the neighbor for trespass or to quiet title, and may make a claim under their title insurance policy if they purchased owner's coverage.

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