Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Okay, I was at a neighborhood gathering the other night and someone mentioned this. Wanted to see if you have ever dealt with this issue...
There are two properties side-by-side. The driveway of the property on the left is partly on the other property. Not sure how long ago the driveway was put in but neither current owner did it. To top if off, the offending property is currently in the hands of a relo company. The right owner did receive a clean title, but the property stakes from the survey clearly show the driveway is over the line.
The owner was asking about his options and I told him obviously, consult an attorney, BUT that I thought there were two options...
1. Keep the property in his name and have them buy an easement to accomodate the driveway.
2. Sell them that sliver of property with a boundary adjustment.
Of course with the relo company in the picture that really complicates things.
That can vary by sate. In some states after a while the property can revert to the driveay owner. I am surprised tho that it wasn't settled before buying the property tho because of the bank loan.Most banks would want this settled before giving as loan.If owner financed then its still a mess to be resolved when sold.
If I owned the property on the right, the one with the encroachment, I would notify the relo company and their real estate agent that they had an issue to fix.
With driveways lenders are not going to care -- worst case some one really gets upset and get a shovel and picks off the offending pavement -- no real diminution of value / marketability so long as there is still legal access to the garage and such...
I have seen MANY driveways that "slop" over onto the neighboring property and as this land is really not usable as anything other than driveway or perhaps a bit of landscape area rarely does either party care...
It happened to a current buyer we are working with. They are buying a presale home and the existing house next door had a circular drive that went about 6 feet onto my clients' lot. Our builder offered to tie in both driveways. Of course my client did not want that. They would be subordinate if they allowed the encroachment. So the builder took a diamond saw and cut the offending driveway on the property line. My client is happy but the neighbor (who is deployed to Iraq and not seen what it looks like now) is not to happy with his builder who created the problem when the house was built a year ago.
Well, I got to thinking about it, and gave the neighbors a call today. Suggested she give the title insurance company a call. If she's lucky, they will handle it. If not, they are probably going to consult a real estate attorney. I'll keep you posted on what I find out...
I'd be surprised if the "encroached upon" landowner gets any help from the title company. One of the standard coverage exclusions in title policies is "Matters that would be disclosed by an accurate survey", i.e., the driveway problem. Even if the encroachment was noted on the title commitment before the encroached-upon owner's closing, the title company will not provide coverage for it under an owner's title policy. However, the company often will "insure over" (provide coverage for) this type of item for the Lender's title policy. Unfortunately, the owner cannot use the Lender's policy to get the title company involved. Only the mortgage company can do that.
faabala - Did I see in your profile that you are a 95B? My husband retired out in 2003. What were some of your duty stations?
Not a 95B but a 3P071. I was a U.S. Air Force Security Policeman.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
