What does it mean for home sellers

Encroachment and easement

It is helpful to understand the differences between encroachment and easement when identifying potential property boundaries or usage issues. Here is a quick comparison to help clarify these concepts:

Examples of property embezzlement

Property embezzlement can occur in many ways, some more obvious than others. From fences that cross property lines to overhanging trees or misaligned driveways, these situations can create confusion or conflict. Here are some common examples that can help you understand how encroachment occurs in real life.

Secondary invasion

• Branches: Breaks hanging from neighbor’s trees invade your property
• Landscaping or garden: The neighbor’s plants or garden crosses your property line.
• Fruits fell into the yard: Apples, pears or nuts falling into the yard from a neighbor tree
• Park on the side of the driveway: Neighbor’s vehicles park or block one side of your shared lane
• Basketball Basketball: Place the hoops to extend the play area to your property

Mainly occupied

• structure: Parts of a building, such as a garage or shed, are built on the property line
• Lane: A driveway that extends to your property
• Fence: Fences built on your land instead of on the property line
• drainage: Bringing water into your property’s water runoff system
• Disrespect for setbacks: Construction that does not respect legal setback requirements for property lines

How does embezzlement affect your property or home sales?

Epidemics can have a significant impact on your property and its future sales. Here are some key issues that may arise:

• Title question: Migrants can cause legal complications with ownership of your property, so it is difficult to transfer ownership. Lenders may ask them to sort them out first. Additionally, if they don’t resolve, buyers can raise a dispute that reduces or even blocks sales.
• Title Insurance Complications: Escaping can cause problems with your title insurance, as the policy may exclude coverage for known boundary disputes.
• Issues of responsibility: Even if it is technically your neighbor’s property, you may be liable for the harm caused on the encroachment area. For example, if someone is injured on a fallen branch of a neighbor.
• Security Question: Encroachment (such as incorrectly maintained structures) can pose a safety hazard. For example, a fence or shed that is leaning on your property may fall and cause damage or injury.
• Property Loss: Unstable structures, well-designed landscaping or trespassing traffic can damage your property, resulting in expensive repairs.
• Reduced livable space or ground: Encroachments such as misplaced fences or sheds can reduce the available space on your property.
• Loss of rights: If the encroachment is not resolved, your neighbor may gain legal rights to use that part of the property. (More information about this below.)
• Impact on curb appeals: Visible encroachment can damage the aesthetic appeal of your home.
• Buyer hesitates: Existing encroachment and its possible complications may deter potential buyers.
• Lower property value or sale price: Encroachment can reduce the market value of your property, thereby reducing the sales price. Resolving an encroachment may take time, effort or expense, which may make your profits eat. Even secondary boundary issues can make your property less attractive than others in the area.

Save goodwill and protect your investment

Most homeowners strive to be good neighbors and often tolerate or ignore secondary property embezzlement. You may have learned to live with your neighbor’s fence, cross the property line a little, or their branches hang in the yard. While these issues may not bother you, potential buyers may see them differently.

It is important to maintain goodwill with your neighbors, but you also need to protect your investment. Ignoring aggression can lead to serious consequences, such as:

• Provision of easement: If your neighbors use your land continuously for a certain period of time, they may gain the legal right to continue using it.
• Unfavorable property: In some cases, if a neighbor takes up a portion of your property for a long enough time without your permission, they can legally claim ownership of that portion.

In short, prolonged encroachment may result in your confiscation of your property rights in the encroachment area.

How to solve property embezzlement

Resolving property embezzlement quickly can prevent things from getting out of control and destroying your life or home sale. Here are a few ways to solve the problem of mild to severe encroachment:

• Talk directly to your neighbors: First discuss encroachment with your neighbors to find a mutually agreeable solution.
• Use a mediator or arbitrator: If direct communication does not work, a neutral third party can help mediate the dispute.
• For sale of easements on your land: Granting easements allows your neighbors to legally use the encroachment area, usually in exchange for compensation.
• Sell ​​part of the property: Selling the invaded portion to your neighbors, such as border roads, can permanently resolve the issue.
• Take legal action: As a last resort, you can take legal action to eliminate encroachment, although it is best to avoid this.

Also, even if you are not planning to sell your home as soon as possible, it is important to know your property line and boundaries. To ensure accurate boundaries, check out your original plan and purchase documents.

Depending on your situation, you may need to entrust a land survey. According to Angi, the average cost of investigating real estate is about $2,300.