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ENCROACHMENT & SURVEY ISSUES

July 18th, 2013


What do I do when the property I’m buying encroaches on a neighbor?

George Stephens, CRB, and Charles J. "Chuck" Jacobus, JD Advice columnists

Jun. 4, 2013

Answer: While the title company should close the transaction, they’ll show the encroachment as an exception to title. You can take some steps to reduce your risk of future problems.

Assuming you are the one encroaching on your soon-to-be neighbor’s land, communicate with the adjacent owner and submit an offer to purchase the amount of land you need, then re-survey your land. If that does not work, try to do it by letter agreement (recorded) in which you and any new owner of the neighboring land (if the current owner agrees) will have an agreement in which you purchase the land at which time it is necessary. If the current owner still does not agree, you could demolish the garage and rebuild it.


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Disclaimer : The views and opinions expressed in this blog are those of the author and do not necessarily reflect the official policy or position of the Houston Association of REALTORS®

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