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I recently found from comparing my 6 year old property

Customer Question
survey to my neighbors current...
I recently found from comparing my 6 year old property survey to my neighbors current survey that my masonry wall was 6 inches on their property. My home was built first, in 1996, and the masonry wall added at that time. Home next door was built one of two years later. Both of us purchased our properties from previous owners 10 years ago. This encroachment was only found in a recent survey. What should I do to avoid a future problem when I sell my home?
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 7 minutes by:
10/12/2015
Real Estate Lawyer: Marsha411JD, Lawyer replied 2 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20,557
Experience: Licensed Attorney with 29 yrs. experience with Real Estate
Verified

Hello,

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.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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Real Estate Lawyer: Marsha411JD, Lawyer replied 2 years ago

Hello again,

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/

Thank you.

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Marsha411JD
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