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Depends! If somebody plants a big tree in their setback and it hangs over onto another property . . . This is actually a complicated question!
Candice A. Donofrio
Fort Mohave, AZ
La Pointe, WI
Should get an answer from your local title compnay/closing attorney.
La Pointe, WI
Anthony Acosta - ALLAT...
Your title company will be able to provide an answer.
I agree with your definition. Is it smart to do? No, but that was not your ?
You know setbacks are set by the village for uniformity - then that would be a zoning violation right?
To be sure get a legal opinion from a title company.
The only encroachments i have dealt with are when something crosses the lot line. I have dealt with setback issues and they were not encroachments
La Pointe, WI
Nags Head, NC
This depends on the codified definition of 'encroachment' in your specific state statutes. In Florida, no; the neighbor's structure must cross over the surveyed property line. A structure built within the legal setback is an issue for the local zoning, and building permit departments to correct.
The codes department would likely say they are encroaching and could be required to move it.
I don't think it's an encroachment on the neighbor, but it is a zoning violation.
Check with the title company.
there would need to be a permit pulled and zoning regulations need to be followed.... setbacks included....
I believe I would refer that question to the local governing authority
Could be. Sounds like a title and possibly an attorney matter
Eric Kodner It is if it is a designated buffer zone or utility setback.
In short, yes.
Title and legal will be able to answer this for you. Lots of interesting comments here.
Legal counsel should be sought from a qualified attorney familiar with this type of issue.
often involving fence or boundary lines.... In our area if the owner does not make his neighbors know after 10 years the neighbors can own the encroached boundry.
Too bad we sometimes do not have access to our entire property, since we do pay mortgage and taxes on the entire property.
But I do think that Ken Jones has the right answer to this one.
In this situation, I would contact my title company.
Interesting question - parked and reading
I manage old property that doesn't comply to building setbacks. It was grandfathered in and the neighbor can do nothing about it as it goes right to the property line. If ever torn down, it would have to come under compliance. We remodeled without changing anything except paint & materials but kept same structure while the city and the neighbor watched
Trees limbs often encroach over air space on to neighbors yards. It can be an issue when you have neighbors who do not like one another.
I'd check before building anything.
I don't believe you can encroach on yourself in real estate.
Not exactly encroaching on the neighboring property, and it shouldn't affect the sale of the neighboring property. But zoning should be alerted and it should be investigated. It can affect the sale of the property that has a building beyond the Building Restriction Line.
I think so too - what is going on? Probably a better question for the local zoning office or a real estate lawyer than here though because I am sure it is a local regulation issue not national
I'd run it by a title company for a complete answer.
my county only considers it a zoning violation, not an "encroachment".