Marching More Than 1 Foot Over the Line

Incidents like this occurs when the property owner doesn't erect a fence to separate his property. Had he fenced the property, the neighbor would be guilty of trespassing. Kat Palmiotti's comment about squatter's rights is so true and because the neighbor fenced his property, I don't think the seller would have prevailed had it been litigated. 

Things like this can and do happen!  I sure hope the seller withdrew the listing and won’t list until the issues are rectified or at the very minimum, disclose it up front before a buyer does their due diligence and spends again..

I had a sale fall apart because it turned out that the well was 2' over on the neighboring property. The owner of the neighboring property, who had inherited it, wanted a great deal of money to grant an easement to that 2' of land.

Never mind that it was nowhere near his own home and the lay of the land made it improbable that it would ever be developed.(20 years later and it hasn't been.) It was part of a large parcel.

And never mind that the original owner had been present when the well was drilled - and believed that the land belonged to his neighbor.

I was upset - not just because the sale fell through, but because the greedy one was my cousin.

Yes, Jeff, it was embarrassing. The potential buyer didn't know my family was involved, but the seller did. He and my Uncle had been friends.

Jeff Dowler, CRS What a mess!  Good thing your buyer took your advice.  Glad you were able to find him another property.  

Read about a person who inherited some land in Delaware . He went to sell it but someone had been using it to graze goats on it for a number of years. Judge ruled it was theirs through adverse possession 

I just read about that, Edward Gilmartin. As Jeff's article states, the importance of a survey, or even an ILC, is so important and so easy for people to say, "I don't need one." Good job, Jeff, and glad they had one done. 

Interesting reading Jeff....I'd imagine that so many of us live in(what I call a 
"cookie cutter " marketplace)  for most of us it does not happen often.  Good to know (as always) you were right on top of things! 

You sure saved that buyer's butt by suggesting a survey, Jeff. I wonder what has happened to that lot since that time.

If that square footage was not an issue for the new owner could they not have granted an easement to the neighbor (perhaps for compensation? )

It was very smart to advise Buyer to order a Survey, and well worth the potential headaches that were avoided. 

Interesting that nothing could be worked out, we had this once with a buyer and the seller asked their neighbors to move the fence which they did, along with the plants they had planted. I had read about a development up in CT I believe from memory where a builder was building next to a Federal park. Everything was surveyed, but somehow, they got it wrong. The first buyer also had a survey done and found the house he was potentially buying encroached on the Federal lands. That one ended up as a lawsuit, which I believe resulted in the house having to be torn down.

Good that this worked out.  Congrats!

Excellent example of offering wise advice,  working to remedy with a seller, and making the best solution based on the circumstances.  Great entry for the contest! 

There are those times where you just have to have that expression on your face under your hand. Just thinking what the hell is going on. I sympathize with it definitely

Interestingly in our market very few get a survey done ... as everyone now buys title insurance instead.  But does make me wonder at times how many fences are over a property line.  Great story to share, good you uncovered it ... it certainly was a large encroachment.

Oh, thank GOODNESS you suggested a survey and your buyer agreed, Jeff. I am also big on surveys but, everyone doesn't want one - or feel the need for one. This is one of those examples to share with our buyers of why they are so very important.

Thank you for sharing in this month's challenge - and congrats on the feature too!

This is a great tale of having the right support on your side -- an agent who is advocating for what is right; not a sale.  While surveys aren't required, there are certainly times when they make absolute sense.  Thanks for sharing this experience!