ENCROACHMENTS - WHAT YOU NEED TO KNOW WHEN BUYING A HOME

ENCROACHMENTS WHAT YOU NEED TO KNOW 

“What is ON your Property, IS your Property!”

Where this becomes an issue is when a survey reveals that something you or your neighbor owns which crosses the Boundary Line and causes an “encroachment.” Below is an example of just that, note that the solid black line is the Boundary Line:

1. ASK QUESTIONS. Speak with an Attorney to determine if the survey is correct or that a solution isn’t already present;
 
Surveyors often do not perform a title exam and the issue may have already been addressed. The attorney may look at the recorded plat, agreements previously recorded, or even a quiet title action that resolved this previously.

2. REVIEW. Evaluate the survey for errors and speak with Surveyor;

• Did the surveyor find monuments on site or did they place new ones?
• Is the plat very dated and lacking exact coordinates?

After going through the above analysis, several solutions may be appropriate given the nature of the encroachment. For example, an Encroachment Agreement may be a good solution for a fence that crosses the Boundary Line. However, in the above situation (building encroachment) or even a driveway encroachment, it may be best to convey a portion of the property via Deed to avoid future issues - a Boundary Line Agreement would also be a good option.

Ultimately, these situations require more interactions from the parties involved (and the neighbors!) and the help of an experienced attorney to spot issues and execute on solutions.