Title Encumbrances 200: Encroachments

 

Encroachments: A Hidden Problem for Homebuyers and How to Fix It

 An encroachment occurs when a structure from a neighboring property intrudes onto yours (or vice versa). While it may seem minor, encroachments can lead to legal disputes and complications down the road.

What Could Occur:

1. Legal Disputes – A neighbor may claim ownership of the encroached area, leading to costly legal battles.
2. Property Value Impact – If part of your property is being used by someone else, it may affect resale value or deter future buyers.
3. Title Issues – Some encroachments may create a cloud on the title, making it harder to secure financing or sell the property.
4. Limited Use of Land – You may not be able to modify or use the encroached area as you wish.

Steps You Can Take:

Before closing on a home, take these steps to address potential encroachments:

1. Get a Property Survey – A professional survey will map out property lines and reveal any encroachments.
2. Review Title Reports – Work with a title company or attorney to ensure no boundary disputes are tied to the property.
3. Communicate with the Neighbor – If an encroachment exists, discuss possible resolutions, such as moving the structure or signing an agreement.
4. Consider an Easement Agreement – In some cases, a legal easement can formalize shared use of the encroached space.
5. Negotiate Before Closing – If an encroachment is discovered, you may negotiate with the seller to resolve it before finalizing the purchase.

Encroachments don’t have to derail your home purchase, but they should never be ignored. By doing your due diligence and seeking legal advice when needed, you can prevent future headaches and protect your property rights.

Thinking about buying a home and want to make sure you're protected from potential title issues? Let's connect! I can guide you through the process and ensure you make an informed decision.