Incurable Defect

Certain parcels of real property sometimes contain defects that cannot reasonably be cured. When this happens, the result is known as an incurable defect. This basically means that either fixing the problem is beyond the homeowner’s control or that the cost involved with curing the defect is prohibitive because the expense associated with doing so would be much greater than the value of the actual real property. An incurable defect often occurs whenever a piece of land is located in an area that has less-than-desirable surroundings. For example, properties that are located very close to airports are subject to a great deal of noise, yet the fact that the airport is in close proximity to these parcels cannot be changed. Another instance is whenever a toxic waste dump is located next to a parcel of land.