I purchased a duplex style condo in Dec. The condos are divided by a common wall down the middle. The roof in the back portion of my condo started to leak about 7 inches away from the common wall. When I hired a roofer to fix the roof, my adjoining neighbors produced documents that show the property line is skewed and roughly 12 inches of my roof is 'technically' on their property. I had the surveyors who surveyed my property before purchase come out and re-survey and they confirmed that a portion of my home is on the neighbors property. My neighbors threatened to sue the roofing company for trespassing if they touched the 12 inches of my roof that is on their property, and they continue to do so which causes every roofing contractor to back out. I cannot sell my home because a) I have a defective roof and b) I don't have a clear title. Chicago Title has repeatedly denied my claims stating that this is not a covered expense. I have spent over 10,000 this year alone in legal fees to gain access to my own roof and still have not been able to repair my roof. Chicago Title refuses to help me. They finally in May stated that my policy has been triggered, but then did nothing further to help me gain access to my house. All they did was send me a letter stating 'we'll be in touch', and then never contacted me. I have had to file with the local court to petition to gain a license to enter my neighbors property to have my roof repaired. Chicago Title still refuses to pay for any legal representation. This month, my neighbors counter sued and are demanding I tear down the back portion of my home (or at least 12 inches of it). Chicago Title finally assigned a lawyer to me to defend me based on that action, however they will not assist me in gaining access to my house or a clear title. I still have to continue paying my own legal fees to get access to my own house. They will also not assist with obtaining a clear title.
They say I don't need a clear title, and they say that my not being able to access my own house without trespassing is not a covered item (which according to my policy it is). I've never found it so difficult to get a company to pay for something and I can find no attorney that will sue them for me because a) I've spent so much on lawyers fees trying to repair the roof that I can't afford the retainer to sue and b) Chicago Title is a huge company with millions to spend on lawyers and it would not be worth it even if I could afford it. Chicago Title is evil.
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