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Encroachment Happened Long Before

By
Real Estate Agent with RE/MAX Executives
Surveyors Found Chain Link Fences Or Sheds With Concrete Slabs On The Wrong Side Of The Lot Line

SO LET'S

FAST FORWARD TO 2011
  • Your clients had you write an offer to purchase a lovely home on a 1/2 acre lot with a fully fenced backyard that will be ideal for their small children. However, the neighbor's fence on one side encroaches on what will be their lot by 4 inches or
  • You write an offer for your clients on a similar home, but it is on a 1/5 acre lot and the neighbor at the rear has a 17 foot wide shed on a concrete slab that encroaches by 8 inches
Your clients are concerned about their relationship with their new neighbor if they require the seller to have the deficiencies corrected.
  • What would you advise?
  • Would it be the same for each scenario? OR
  • What would you advise if the seller's fence was encroaching on the neighbor's lot?
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Comments (22)

Phil Hillerman
Crye-Leike Realtors® - Rogers, AR
Crye-Leike Realtors®

Your buyers will need to settle the issue before closing. If the neighbors agree to abide by your survey then all is well. If the neighbors resist then the parties will end up in court which is not a great introduction to the neighborhood.  On the flip side your buyers can live with it they can choose to do that.  It boils down to just how much do they want the house?  In either case the buyers need to be ok with how the situation is settled or they will never be happen in their new home. 

May 11, 2011 12:42 AM
Martha Brown
Long & Foster Real Estate, Inc., Annapolis MD 21403 - Annapolis, MD
Your Homes Around Annapolis Agent

Each case is unique to itself and though there are options each time it is up to each individual buyer to choose the option that works best for them.

I actually had this scenario year before last when my buyer had a staked survey done and found 2 adjacent properties had encroached on his. His choices included delaying settlement while the seller contacted the adjacent property owners and worked out the details or going to settlement with the title company attaching a rider to his policy that they would not insure the disputed area. It was an estate sale that he was purchasing at a remarkably good price and the disputed area was in the woods of the 5 acre piece of property. he opted to go ahead and settle. 

May 11, 2011 12:53 AM
Allen 2222
Austin, TX

Yikes, neither one sounds like fun. I think these problems should be corrected prior to closing - or old problems become the problems of the new owner, who will become the seller later on.

May 11, 2011 01:49 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Kathryn  It should be taken care of before settlement, but how is the real question - blaming it on the lender certainly might work, but it is not factual

May 11, 2011 01:53 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Andrew  Moving to the country might not be a practical solution due to otjer responsibilities

May 11, 2011 01:54 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Martha  Obviously, he felt comfortable with the resolution and didm't upset the neighbors

May 11, 2011 01:57 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Phil  I agree - the terms of settlement are the key to the buyer's satisfaction.  What solution would you recommend for a 17' wide concrete slab being on your property by 8"?

May 11, 2011 02:00 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Alison  They do need to be settled - either now or later.  What would you suggest?

May 11, 2011 02:01 AM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

I had one yesterday where a neighbor behind did some landscaping and found that a chain-link fence there for 20 years was 2" on their property!  And they required it to be removed!  I for one find this silly.

May 11, 2011 02:18 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Jay  It sounds like it is, but what do you do when the people you sell it to a few years from now want it resolved?  Then it becomes your problem.  It is always best to correct a defect at the time it is revealed, but the question is HOW???

May 11, 2011 02:25 AM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

I hit the suggest button. This is a great discussion topic. I remember several years ago someone in our office had this happen where a corner of a concrete driveway was on the neighbors property and had been since the house was built some 30 years earlier. The buyer was willing to cut off the corner but the neighbor (like Jay) thought that was silly. It closed with everyone signing off that they knew about it and were okay with it. Perhaps because it was so tiny (about the size of your hand. How DO you "okay" an entire fence that is 8 inces off the property line? Even if they are okay with it, what are the proper steps to clear it once and for all?

May 11, 2011 04:34 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Karen, I'm all for getting it resolved before closing.  I had a friend involved in a similar situation;  a neighbor was being a jerk about unrelated issues and it turned out that he built a garage well within my friends lot line.  The neighbor continued to be a jerk and my friend in turn had him remove 1/3 of his garage...you never know when someone is going to be reasonable/unreasonable...especially when it's to their advantage...get it fixed before hand. 

May 11, 2011 10:00 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Joni  I had a similar situation with a driveway, but 6 inches was involved the entire length - it was replaced at a a substantail expense to the seller.  Thank you for suggesting

May 11, 2011 10:00 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Nick  That is the only way - kicking it under the rug  won't solve it

May 11, 2011 10:20 AM
Steve and Jan Bachman
RE/MAX Gateway, Reston, Herndon, Ashburn, Sterling, Fairfax - Herndon, VA
Realtors - Northern Virginia

Hmmmm....lost a sale a while back because of this sort of thing. It depends so much on the personality of both parties. The easiest thing would be to sell the 8 inches to the owner of the slab...if he refuses then move on or fight depending on your love for the property. Me?  I would move on. life's too short.

You have to love Andy. He solves all problems by relocating everyone to Houlton Maine.

May 11, 2011 11:05 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Steve  Of course, in Fairax or Prince William Counties sale would require resubdividing the lots affected.  We had a similar situation in both Greenbriar and Mantua.  The one in Greebriar accepted it, but the one in Mantua took several months to go through the process and then go to settlement. It would be a long commute to Headquarters USMC from Maine if you could get through the snow to the airport

May 11, 2011 11:13 AM
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Karen, an encroachment on a small property is certainly more of an impact than on a larger property.  The fence might be easier to resolve than a concrete slab especially with a structure on it. 

We were faced with a similar fence situation a few years back with our own property and on two sides involving two neighbors!  The fence had to be replaced and we moved it to back to the property line. 

The slab situation would have to be worked out differently, maybe by selling the 8x17 in area to the neighbor or allowing an easement.

In any case, I would give a copy of the survey to the encroaching neighbors and put them on notice.

May 11, 2011 03:33 PM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Silvia  That is a reasonable solution that would work with reasonable people.  The fence situation is very common and easier to reaolve than a shed on a concrete slab.  I'm glad you joined in on this question

May 12, 2011 03:08 AM
Bob & Leilani Souza
Souza Realty 916.408.5500 - Roseville, CA
Greater Sacramento Area Homes, Land & Investments

Karen, I was going to write a reply until I read that Silvia beat me to it in her comment above! I'm a day late and three paragraphs short. :)

Leilani

May 12, 2011 08:31 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Leilani  Great minds think alike  :)

May 12, 2011 11:28 AM