Boundary error for 30 years

[koolmoose]

What is the name of your state (only U.S. law)? WA
My brother bought 5 acres split off the south side of mom's property 30 years ago. No survey was conducted. He built a house and decided he needed to extend the north boundary 50 feet so he could avoid building a large culvert or bridge across a creek to make driveway access. Mom gave him the extra space by quitclaim. My brother then sold the house to another party 18 years ago who still owns it. There was title insurance on the parcels.

Now I am selling mom's home and had it surveyed. The survey shows that the house is only 7 feet from the north boundary of the party to the south. The driveway centerline is 44 feet north of the north boundary. A barn has been built that has a south wall 40 feet from the north boundary. Two ponds have been built which encroach onto mom's property about 60 feet. All this appears to be an honest mistake by my brother who now has no legal interest in the property. The new owner was probably told approximately where the boundary was but he got no survey.

Does Title Insurance provide any relief for this situation? Who is legally responsible?
Does the party who is encroaching have a veto on the sale of mom's home?

 

[alligatorob]

The survey shows that the house is only 7 feet from the north boundary of the party to the south. The driveway centerline is 44 feet north of the north boundary. A barn has been built that has a south wall 40 feet from the north boundary.

Hard to tell from this who's structures are on who's property and what the problem might be.

Two ponds have been built which encroach onto mom's property about 60 feet.

Sounds like Mom owns a couple of ponds.

 

[Alex23]

Just your luck, when she tries to fill them in the EPA will sue her for wetlands loss.