Encroachments and Easements
Encroachment:
An improvement, or building, or obstruction which intrudes upon, or trespasses upon the property of another. An act of trespassing.
Easement:
An interest held by one person or persons which gives some type of a "right to use" land for a particular purpose. Easements can be - surface easements, subsurface easements, or overhead easements. They can be permanent or temporary.
Will I be told about Encroachments onto my Property? |
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| You should request that the Land Surveyor show encroachments onto your property, as well as if you could be encroaching on your neighbor’s property. |
Will Easements be shown on my property? |
| Easements, or a "right to use" your property can be shown on the Land Survey drawing. Normally the land owner provides a current title report, title opinion, certificate of title, or title policy to use for this purpose. |
What about Title Insurance, doesn't it protect me from boundary problems? |
| Title insurance protects the lending institution and the property owner (if insured) against claims to the property such as a disputed boundary. Often, mortgage lenders require the homebuyer to purchase a title insurance policy in the lender's name. This is a Lender's policy. Many people do not realize that if they wish to be covered themselves, it is often an additional optional charge. People also do not realize that title insurance policies do not give coverage against encroachments, easements and boundary disputes that “would be disclosed by a current certified survey”. This is known as the Survey Exception. Mortgage lenders routinely require a Survey Endorsement to their loan policies that limits the scope of the Survey Exception to the specific problems disclosed on a survey. Homebuyers should insist on an Owner's Title Insurance Policy with a Survey Endorsement based on a current Land Survey. From a practical standpoint, it is always a good idea to know just what you are purchasing. Land costs too much money to not know exactly what you purchased, and if there are any problems that you do not know about. |
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