• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

HELP! Easements/Encroachments PLEASE!

Status
Not open for further replies.

JSH123

Thread Starter
Freshman Member
Joined
Jan 23, 2008
Professional Status
Licensed Appraiser
State
Arizona
I tried posting this message in the Newbies section, however no one seems to know the answer, so I am now attempting to post this where I may actually get a response. Forgive me if I have posted out of line.

Can someone tell me how to properly check if a property has easements and/or encroachments?

I was logging on to the Assessor's page and after entering the APN, I would click on the MCR link, and that used to let me view easements, however, as of recently, it no longer will allow me to do so.

I spoke to the County Assessor's office and they informed me, I would be able to locate easements on the standard plat map, but that is not the case.

Any suggestions would be greatly appreciated.

THANK YOU!
 

Mike Kennedy

Elite Member
Joined
Sep 28, 2003
Professional Status
Certified Residential Appraiser
State
New York
Looking under the wrong stones; Assessment Records usually do not contain the info u need below:

Bldg & Zoning, Planning Departments - Survey Copy

County Records - Deed - Survey addendum, legal description citing easements etc.
 

PropertyEconomics

Elite Member
Joined
Jun 19, 2007
Professional Status
Certified General Appraiser
State
New Mexico
Plats of record will typically have recorded easements which were present at the time of platting (frankly its been my experience these do not change much over the life of the subdivision) and as built site surveys will typically show if you have an encroachment problem.
All of that being said, our eyes are the best indication of whether there may be an issue which needs to be addressed. Look carefully and report what you see. If you have questions or concerns report these within an appraisal and check box four ...
Best of luck to you.

PE
 

David Wimpelberg

Moderator
Staff member
Moderator
Joined
Mar 30, 2005
Professional Status
Certified General Appraiser
State
New York
Typically such information is found in the deed, and that is the first thing I would check.

Title reports would typically have them, but are not always available.

Assessor's sometimes have the information, but I would never rely on them. Surveys sometimes have the information, but many surveyors actually state on their surveys something along the lines of easements/encroachments not guaranteed.
 

Pat Butler

Senior Member
Joined
Jan 17, 2002
Professional Status
Certified Residential Appraiser
State
Illinois
In our state, the plat of subdivision would show the ones that were in place when the subdividing was first done. The plat would have references to document numbers that could then be viewed and analyzed. Then, you'd have to search through the title records to see if any others were added or dropped over the years. Basically a legal analysis of the chain of title that can get very expensive and one for which title companies get paid big money to summarize and insurance against.

Encroachments can only be found with a survey.
 

Mike Boyd

Elite Member
Joined
Jan 18, 2002
Professional Status
Retired Appraiser
State
California
I agree with Pat. However, unless you are provided with a title report, I would avoid discussing them. Easements can be abandoned or quit claimed away and sometimes, they can expire. Not all are forever. Encroachments may never be found unless someone complains and are rarely available on line.

You SHOULD report any obvious easements or encroachments but you are not a surveyor (I don't think) and you could raise an issue that would be costly to prove or disprove.
 

Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
Easements are legal documents usually but so often hard to trace in a chain of title. Caveats caveats...scope them away as best possible. Identify any utility.
 

ken351

Sophomore Member
Joined
Jun 8, 2007
Professional Status
Certified Residential Appraiser
State
California
If you are sure of an easement or encroachment, then CB4 the appraisal, If unsure then you can recommend a survey by a land surveyor....done!

 

JSH123

Thread Starter
Freshman Member
Joined
Jan 23, 2008
Professional Status
Licensed Appraiser
State
Arizona
First and foremost, thank you for all the priceless advice. Sometimes it is hard to get straight answers, in this profession. I do appreciate it.

So this is not something you guys go through and research for every order you complete, is it? This is more along the lines of something we enter a generic blurb in attempts to Cover Your A..ppraisal? It sounds like to research easements properly, it can be very time consuming, sometimes expensive and maybe should be a job left up to someone other than an appraiser?

I have a lead based paint blurb that I use on homes built before Jan 1st 1978 (I think) that states this home could have lead based paint...if this is a concern, consult an expert.

Do I need something like this for easements?

Thanks again everyone for sharing your knowledge.
 

Richard Carlsen

Elite Member
Joined
Jan 15, 2002
Professional Status
Licensed Appraiser
State
Michigan
When you do your inspection, look around outside very carefully. Does everything seem to be in order with the site? Encroachments normally cannot be discerned by simple viewing and need a survey to accurately determine if in fact there is an encroachment on the site. If everything has the look of being normal and the HO has not told you of any easements. encroachments or toxic waste dumps, and you are satisfied that nothing appears out of the ordinary, you might want to consider making this kind of comment in your report:

"No survey or mortgage report was made available to the appraiser for comparison of easements of record to the subject's site at the time of data collection. A viewing of the site did not reveal any unusual or obvious indications of encroachments or environmental conditions. However, the appraiser is not qualified to make judgments on the above and can only note the obvious viewed during the property visit."

 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Top

AdBlock Detected

We get it, advertisements are annoying!

Sure, ad-blocking software does a great job at blocking ads, but it also blocks useful features of our website. For the best site experience please disable your AdBlocker.

I've Disabled AdBlock
No Thanks