Encroachment

Encroachment

am 11.11.2005 21:49:41 von Neighbor

Hi, All,
We are buying a tiny single family house. Escrow closing is sheduled
next Tuesday. This week's survey found out the property wall encroached

into the neighbor for about 1 feet. The seller's agent is talking with
the neighbor.


My realtor said that most likely the neighbor will acknowledge this and

require "no action". I am little worried. What if at first month after
the closing, the neighbor asks us to take down the wall? The cost will
totally fall on me.


Is there a better term to protect us? In this case, is escrow on our
side?


Thanks,
Hong

Re: Encroachment

am 12.11.2005 01:26:38 von howardneviser

First. If the property were listed with a real eastate agent there
should be a "property disclosure." Additionally you need to see if
there is a "plat map" of the property that shows thye dimensions of the
property and the location of structures. If the property were
misrepresented you should consult an attorney to get you out of this
deal. Even if the neighbor says it is ok that approval should be
written into the deed. Otherwise you may have trouble selling the
property.

Re: Encroachment

am 12.11.2005 04:17:46 von Neighbor

The realtor said I could be well-protected by an encroachment agreement
with the neighbor. Is it ture?