How Encroachments Affect Your Real Property Report
When it comes to real estate transactions in Edmonton, Alberta, a Real Property Report (RPR) plays a vital role. This comprehensive document provides crucial insights into a property’s legal and physical characteristics, ensuring all parties involved have accurate information about the property’s condition and boundaries. However, the presence of encroachments can significantly impact the RPR and, subsequently, the property’s value and marketability. In this blog, we will explore the effects of encroachments on real property reports and discuss strategies to address and mitigate their impact.
What are Encroachments?
Encroachments occur when one person’s property intrudes upon the land of another without authorization. These encroachments can take various forms, including a structural encroachment (when a building, fence, wall, or other physical structures extend beyond the property lines and onto a neighboring property), vegetation encroachments (trees, bushes, or other vegetation that grow over property lines), an overhanging encroachment (eaves or balconies extending beyond the property’s boundary and overhanging onto the adjacent property), underground encroachments (underground utilities or pipelines that cross into neighboring properties without proper easements or permissions), and even temporary encroachments due to construction activities (construction equipment or materials that inadvertently cross property lines during construction).
To identify and address an encroachment, a real property report (RPR) prepared by a qualified land surveyor is often employed during real estate transactions. The RPR will indicate the exact property boundaries, helping potential buyers and sellers understand if there are any encroachments that need to be dealt with before finalizing the transaction
Impact of Encroachments
The presence of an encroachment can have significant effects on the property’s value and marketability, impacting both buyers and sellers. Encroachments can lead to reduced property value, title issues, difficulty obtaining financing, disclosure requirements, prolonged sale process, limited buyer pool, legal costs, and negotiation challenges.
An encroachment can alter the true property boundaries, which means the information provided in your real property report may not reflect the actual physical extent of your property. This discrepancy can lead to confusion for buyers, sellers, and legal authorities. If the encroaching structure restricts the use of your property, it can limit your ability to develop or utilize the affected area as you originally intended. This can be particularly problematic for property owners looking to build extensions, construct fences, or make other improvements.
Strategies for Encroachment Resolution
Discovering encroachments in a real property report can be concerning, but there are several strategies to address and alleviate their impact. Here are some effective approaches:
- Open Communication: Initiate a discussion with the neighbor whose property is encroaching or communicate with the buyer/seller to seek a resolution amicably.
- Obtain a Boundary Line Agreement: This agreement formalizes the encroachment’s presence and sets terms for the use and maintenance of the encroached-upon area.
- Negotiate an Easement: An easement grants the right to use a specific portion of someone else’s property for a particular purpose, which may be a practical solution in certain cases.
- Encroachment Removal: In cases where safety hazards or utility interference occurs, removal of the encroaching structure might be necessary, albeit at the owner’s cost.
- Obtain Title Insurance: Title insurance can provide financial protection against potential losses arising from undiscovered encroachments.
- Seek Legal Advice: Legal counsel can help navigate complex encroachment issues and guide parties towards a suitable resolution.
- Obtain a Surveyor’s Certificate: Engaging a qualified surveyor can offer precise boundary determination and invaluable expertise during encroachment resolution.
- Obtain Local Approvals: Depending on local regulations, obtaining necessary permits or approvals may be required to address the encroachment adequately.
By familiarizing yourself with local zoning and land use regulations, as well as any specific ordinances related to property boundaries and encroachments, you will be better equipped to understand the rules and requirements in your area, which will help you avoid unintentional violations and ensure compliance with the law.
At Arc Surveys, we understand the significance of precise boundary determination in avoiding potential disputes, encroachments, and legal complications. Our qualified surveyors have the expertise and experience to conduct accurate Real Property Reports, providing you with the information needed to make informed decisions in your real estate transactions.
An encroachment can have significant implications on your real property report in Edmonton. As a property owner or prospective buyer, being aware of potential encroachments and addressing them proactively is crucial to protect your interests and avoid complications in real estate transactions. By obtaining a comprehensive and accurate RPR from Arc Surveys, you can ensure a smooth and informed property transaction process, reducing uncertainties and legal risks associated with encroachments. For a FREE quote click Here! Or give us a call at 780-800-1260 or send us an email info@arcsurveys.ca, we’re always happy to help.