Encroachment

What is the name of your state? North Carolina

There are three (3) lots side by side - Lots 16, 17 & 18. I own lot 16 (vacant), and my neighbor owns lots 17 & 18. About sixteen years ago, my neighbor built a house on lot 17 and a portion of lot 16 (my lot) instead of building of lots 17 & 18. I have made claim with my neighbor's title insurance company, but after months of trying to get this issue resolved, the insurance company seems to be ignoring my claim.

What should my next step be? How can I get the insurance company's attention? Is there anywhere I can go online to find a complaint for trespass to land against the insured? Please advise. Thank you.

jpbalcita said:

There are three (3) lots side by side - Lots 16, 17 & 18. I own lot 16 (vacant), and my neighbor owns lots 17 & 18. About sixteen years ago, my neighbor built a house on lot 17 and a portion of lot 16 (my lot) instead of building of lots 17 & 18. I have made claim with my neighbor's title insurance company, but after months of trying to get this issue resolved, the insurance company seems to be ignoring my claim.

What should my next step be? How can I get the insurance company's attention? Is there anywhere I can go online to find a complaint for trespass to land against the insured?

Click to expand...

I think the fact that this happened "about sixteen years ago" may be a HUGE problem. At this point, it is clearly too complex an issue for an online forum. Get with a local real estate attorney to review what rights, if any, you may still have.

If the lots are all of comparable size and value, maybe the seller would agree to trade unencroached lot 18 for encroached upon lot 16. Easier than moving the house. Are 16 and 18 both otherwise vacant? Do they all have sewer/water access or must perk tests etc be done?

BTW- UNLESS the owners obtained as-built title survey coverage, the title company likely did not insure the structure location. Many people do not choose to have the title companies insure the draws or review the foundation survey. And the title coverage of the lot would have preceeded the encroachment.

I agree with nexie and add another option: encroachment agreement