Encroachment

[OSU Beavers]

The six foot wood side fence belonging to the subject property is set back over a foot from the neighbors encroaching house section, so the effective property line established by the fence is at least a foot and a half on the subject's side. If the buyers Realtor had not emailed me the prelim and said "OMG what about this encroachment?" I would have no reason to suspect there was a problem. It is not on the county plat map.

It was common on these 50' narrow lots to build the garages or carports right up to the lot line. My first home here in town had a 50' wide lot, but when I took a tape across the backyard it measured 51' from fence to fence. One or both my neighbors had their fence setback onto their lots. All three homes sold without any problems. A standard "The fence may not represent the actual property line" and "The appraiser is not responsible for matters of survey or title" disclosures should be sufficient. I will figure out something more specific to add to that.

Should I include the 51 year old survey as an exhibit in my report???

 

[Carnivore]

The six foot wood side fence belonging to the subject property is set back over a foot from the neighbors encroaching house section, so the effective property line established by the fence is at least a foot and a half on the subject's side. If the buyers Realtor had not emailed me the prelim and said "OMG what about this encroachment?" I would have no reason to suspect there was a problem. It is not on the county plat map.

It was common on these 50' narrow lots to build the garages or carports right up to the lot line. My first home here in town had a 50' wide lot, but when I took a tape across the backyard it measured 51' from fence to fence. One or both my neighbors had their fence setback onto their lots. All three homes sold without any problems. A standard "The fence may not represent the actual property line" and "The appraiser is not responsible for matters of survey or title" disclosures should be sufficient. I will figure out something more specific to add to that.

Should I include the 51 year old survey as an exhibit in my report???

Yes, only because it is a matter of disclosure(fact) and the survey exist indicating an encroachment.

To your point does this impact the value? Probably not since the encroachment has been on-going with no action by adjoining neighbors.

Could this be an issue now and or in the future? Possibly that is why we disclose it. "Adverse Possession"

A typical adverse possession statute requires that the following elements be met:

• Open and Notorious. The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious. ...
• Exclusive. ...
• Hostile. ...
• Statutory Period. ...
• Continuous and Uninterrupted.

So again; Disclose via your report. Move on its the lenders problem to deal with.