Buyers should be clear on what they are buying. In addition to title reviews, we’ll conduct a review of the survey to help ensure there are no encroachments or easements the buyer is not already aware of.
Often, though, boundary and easement disputes arise outside of a buy-sell scenario. When a property encroachment is uncovered, we typically advise our clients to avoid creating an easement, since that increases title uncertainty in the future. Rather, we recommend they negotiate a quick claim sale for that disputed area, effectively changing the property line.
The property owner does not always have the upper hand in this situation, given the legal doctrine of Adverse Possession, which holds that if someone has been using the property for more than 18 years, in cases of a dispute, the property may belong to the person who has been using it throughout that period.