Real Estate Law
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Thank you for the information and your question. Unfortunately having your neighbor sign a document that says they have no problem with the encroachment won't cover the issue for the sales of the property in the future. You have a clean title issue with this encroachment, which really should have been discovered when you purchased your home and the title company completed a title search and your survey, at that time, was completed. But, in any event, the only way to fix this for title purposes is either to move the wall, or to convince your neighbor to quit claim that portion of their property to you. If you choose the later, you want to make sure you use a qualified real estate attorney to complete the quit claim to make sure it is absolutely correct as to the property description of what is being quit claimed.
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I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 12th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/