Fence around tree

[Fernando]

Last month, I saw two houses with a fence going around a tree.
Normally the fence goes straight along the lot line but because of a big tree the fence goes around it like 3' x 4'.
It could be encroaching on someone's else property or encroaches onto subject's property.
Both times, reviewers didn't call me out. I thought it would be a major issue in funding the loan.
I'm working on another appraisal like this. Has lenders been laxed on such encroachments?

 

[andrew81]

whos fence is it?

 

[BRCJR]

If necessary, cost to cure $25. One hour and the 3 to 4 foot portion of the fence could be cut out.

 

[alebrewer]

Depends on how long the fence has been there... could be ownership by adverse possession...

 

[TMG]

One time I did a little house, and the neighbors HUGE pine tree had large heavy looking branches extending well over the subjects roof. It looked really sketchy to me, and they were so large that it would take a crane to trim/remove them w/o them landing on the subjects roof.

I commented my concern, and got a 1004D about 40 days later. The tree was gone.

 

[Fernando]

If the encroachment is over neighbor's property, I would think it doesn't have a negative impact and lender would not find it an issue.