Survey Encroachments

[qcace]

I have a house that encroaches about one foot into a 10 foot wide utility easement in Texas. Does this encroachment prohibit me from selling this house or using it as collateral for a loan. Are there any workarounds that addresse this encroachment so that it is not an issue in case of resale or mortgage?

Regards,

Ron

 

[ALawyer]

Does the utility have anything on the property now -- or just a right to if it wants to?

If the latter, you might get the utility to agree to accept a subsitute easement 10 feet or so.

Also, did you ask your title company?

I doubt that this would create a suffient cloud on title to precule a refinancing or a sale, but if you do plan to sell you disclose this to the buyer and have him agree to take subject to the encroachment in the contrat and not wait for him to find it and then be able to back out. I am not from Texas, but to be safe, a Texas lawyer may have a better idea.

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