Encroachments are defined as advancements beyond proper limits or boundaries and can be identified by two types:
Most are identified through a boundary survey and the encroachment could be walls, easements, driveways, sheds, garages, roof overhangs (eaves), wells, septic systems, or other improvements and objects.
Most producers of Title Policies are willing to ensure over encroachments that are minor in nature for Lender’s Policies of Title Insurance but not for the Owner’s Policies of Title Insurance. This is because the risk for forced removal by a court, of the said encroachment, is much higher on the Owner’s Policy due to adversarial neighbor disputes.
Note: No legal advice or suggestions are being given.
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