Encroachment….what happens when a property is offsides?



The next three in the series will be based on terms that impact the ownership of your property. Encroachment, Easements, & Encumbered are all terms that may pop up when your attorney is doing an opinion of title for Title Insurance When you have an issue with one of these terms, it could impact your ability to use the property as you see fit or sell it to another buyer. While they may not render the property useless, they will certainly impact how the property is handled when it comes to others. 

Off Sides….

An encroachment is when one property owner violates the rights of another by having a building or other improvement extending over the property line. This happens when the boundary lines are not clear or there is a discrepancy between owners. 

An example of this may be when a property owner builds a building like a detached garage at the rear of the property. When laying out foundation, the owner simply guesses where they think the property lines are. Inadvertently a corner of the garage extends over the property line too far and is actually placed onto the adjacent neighbors property. 

Often there is a metal rod or pipe driven in the ground as a corner post. These pipes can be knocked over while digging or doing other maintenance and replaced in the wrong spot. The owner may also be using an object such as a tree that is no longer standing. 

Fences, driveways and flower beds are just a few of the items that can cause encroachments. Many different scenarios also exist that could cause the confusion, but no matter what caused the encroachment, it can become a serious issue between owners. 

Surveyors are the referees…..

When purchasing a property, it is always a good idea to have a survey completed, with precise and accurate measurements of where the property lines fall. Encroachments can create title problems down the line. Things that may not bother current owners can be sticking points and absolute deal breakers when the home goes on the market. Encroachments should be resolved  as quickly as possible before they become bigger issues. 

More to come

Next week we will discuss Easements and the week after we discuss Encumbrances. Theres always additional content on my web site and social media channels. Please like, share and subscribe. 

Welcome Home 

Chris Whitehurst

Rose and Womble Real Estate


252 312 2263