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"small" encroachment, should I care? / Fence on utility easement

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ElChe

Junior Member
What is the name of your state? Virginia

I bought my house three years ago, and there was a fence from the house next to us. I am building a fence / irrigation system so I examined the survey. The survey seems normal, but the title -which I found while looking for the survey- says


"An examiniation of a plat of survey by _____ dated ______ provided by the borrower (or insured) herein for matters adverse to the title herein insured disclosed the following additional exceptions

a) 8' easement along rear (north) portion
b) Encroachment upon insured premises by the fence appurtenant to the property adjoining on the side"

I measured the property and quite frankly if there is an encroachment, we are talking about 2-3 inches the most. So, I have the following questions

1. Assuming I want to be in this property for 30 years, am I giving any legal right over the land by not acting? Or should I do something to assert my property rights? Somebody suggested an encroachment agreement, is there any value?

2. Assuming I want to sell my house, will it be an issue during the sale? Or will people simply look at it as a small strip of land with no significant value?

3. The house next to us is for sale. We don't have a good relationship with the owners. Should I wait to resolve the issue hoping for more reasonable owners or should I address the issue head on.

4. Can I build a fence over the 8' easement that was granted to the electric utility company? Should I obtain anything in writing from them? Or can I just build the fence and provide them access if/when they need it?

Thanks,
 


I am no lawyer but I can relate my experience with a similar issue. I purchased a house about 20 years ago with an encroachment issue; the neighbor’s house was a few inches across the line. When it came up in the title search the seller produced a letter he had written to the neighbor granting permission for the encroachment so long as the house remained, but requesting that should the house ever be rebuilt or substantially remodeled that at that time the house be moved off of the property. My bank was happy with this and the mortgage and deal went ahead just fine. I had my lawyer write a similar letter.

Then I went to sell but my buyer’s bank was not happy with the letters and would not lend until the problem was fixed. In the end we had to have a resurvey done and give the property under the house to the encroaching neighbor, only then would the bank lend to the buyer. This cost about $1000 in survey cost and we had to reduce the sales price based on the lost land, not much but a little. The neigbor ended up with the land at no cost.

So my advice is resolve this sooner rather than later, at least in your case it’s just a fence. And if you really have 30 years before you sell the fence may not last that long. One question; are you sure it’s your neighbor’s fence and not your fence or a shared fence?
 

ElChe

Junior Member
Thanks for sharing your experience.

I hadn't thought about yur question (whether it is my fence or a shared fence). Actually, I assume it is the neighbor's fence since he has totally enclosed his backyard with this fence, so his fence actually borders three houses (mine, the one in the opposite extreme to mine, and the one that faces his backyard).

I know that the guy that sold me the house and the neighbor are still close friends, but all information that I have indicates that is his. How can I find out for sure?

Thanks,
 

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