It is very important that our clients fully understand documents before they sign.
These documents, like Schedule B, can be very complicated; especially with odd circumstances such as encroachments.
Below is an article written specifically for Wm French clients by the C.E.O of Investor’s Title, Joe Crutchfield, about Encroachments:
Schedule B: Encroachments
One of the most common issues that come up on a residential transaction is an encroachment that is shown on the survey of the property. A driveway, fence, or tie wall is most often the culprit.
An encroachment is simply an improvement on land that is located, in whole or in part, on another’s property without authorization. So, if the survey of the house you’re buying shows that the seller’s driveway is one foot onto the neighbor’s property, you have an encroachment issue.
But, don’t push the panic button just yet. Almost all of these situations, (and they are very common) work out. The most often used solution is to request that the seller obtain an easement from the adjoining owner. The easement document does two things. One, it provides that the driveway can stay where it is, and two, the terms of the easement bind future owners of both properties so there won’t be an encroachment in the future when you sell the property, which is nice. Anyway, that’s my story for now.