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Don’t Encroach On Me

Don’t encroach on me means keep your property off of mine! Or else!

An encroachment is  when a house or any structure  is built-in whole or in part on a neighbor’s property.  In Wichita Kansas, or anywhere else, no one has the right to build any structure on his own land if that part of the structure, regardless of how small, extends or encroaches onto the land of anyone else.  Doesn’t mean just necessarily on the ground, eves and overhangs count too.

In a situation where one person’s property extends beyond his boundaries and encroaches on the adjacent land of another, this is an encroachment of land.  This encroachment may occur on, above or under the surface of land.

Fences are big encroachment items. Someone buys a house, sorta guesses where the property line is and builds a fence. If that fence encroaches on his neighbors property he may end up tearing it down.

During the closing process, the title search may show the existence of encroachments on a property.

When buying property an up-to-date survey is the best way to guarantee that land is free of encroachments.  Yes, it costs, but the piece of mind is well worth it. The purchase of title insurance is also recommended to reduce the risk of this and other problems.

When selling property full disclosure is recommended of any and all known encroachments.  It could come back to bite you if you don’t.

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August 20, 2010 - Posted by | buy, Home, house, kansas, Wichita | , , , ,

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