Youve probably already done this, but have you spoken with a lawyer? Odds are that theyll want to have full use of their land and will challenge your encroachment to get you to rectify the situation. Evidence of any restrictions to the use of your property. the defect presents a danger to the property, health, or life of the buyer; the defect would not be disclosed by a careful, reasonable inspection by the buyer. Ty holds a Professional Writing Degree from Missouri State University with a minor in Economics. Large amounts of money and a significant emotional attachment make exchanges about encroachment problems and other matters potentially volatile. If your neighbor decides to buy the land, consult your mortgage lender and/or a real estate attorney so you can be sure that you can do this with accurate land survey records. Im very sorry to hear of your situation, TM, but thank you for sharing your story. | Last reviewed January 05, 2023. An encroachment could even be something as simple as a shrub, tree or other landscaping feature that has grown beyond your neighbors. In many states, an owner selling property has an obligation to disclose any latent defect(s) with that property. We are not talking and both argue that the 5 of land is each of ours. He feigned ignorance and has continued to maintain his kitchen garden on my property! Law, Government If your neighbor has evidence that you are encroaching on their land, then you can expect the court to rule against you. Georgia does not required disclosure but requires the seller/agent to respond honestly to any questions relating to any psychological defects. John has listed the property at 17 Oak St. Federal law requires that sellers disclose whether houses built before 1978 have lead-based paint. They should then disclose these defects to the sellers representative. Please try again. Full disclosure provides the parties to a transaction all the details needed to evaluate the property, decide to move forward or reject a sale, and successfully negotiate. An encroachment refers to a situation where one property owner builds or extends something on their neighbors property. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Law Practice, Attorney Encroachments & Disclosure: What is your Disclosure Strategy? Rptr. However, there are absolutely cases where encroachments are entirely innocent. Even if you think the encroachment exists, no one really knows until theres been a land survey and it demonstrates an encroachment. Some examples of other things that warrant full disclosure include: The above are just some common examples of hazards, defects, and other factors a real estate agent or broker may need to disclose during a sale fully. Sell the encroached land to your neighbor. Encroachment In Real Estate: What It Means | Rocket Homes Your Because surveying techniques have evolved these issues aren't as common. This is like an easement. Also, if a seller or broker is specifically asked about something, they can't give a false answer. You may also want to look at our blog post on adverse possession: gokcecapital.com/what-is-adverse-possession-in-real-estate/. Sex offenders that live in the neighborhood. Storage sheds placed at the edge of thelot. A local real estate attorney can help you with a corrective deed, title insurance and any additional information to get all your documents in order. Who is liable? What is the best way to handle this dispute besides going to court? If your neighbor ever wants to sell their property, then youll need to disclose the encroachment situation to the potential buyers.