Eric Kodner, CRS, Madeline Island Realty, LaPointe, WI 54850 -  (Madeline Island Realty)

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Rainmaker
861,829
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Depends! If somebody plants a big tree in their setback and it hangs over onto another property . . . This is actually a complicated question!

Apr 01, 2016 11:56 PM
Rainmaker
1,696,230
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Should get an answer from your local title compnay/closing attorney.

Apr 01, 2016 10:48 PM
Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Your title company will be able to provide an answer.

Apr 01, 2016 10:25 PM
Rainmaker
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Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

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?

Apr 01, 2016 10:19 PM
Rainmaker
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

To be sure get a legal opinion from a title company.

Apr 01, 2016 10:05 PM
Rainmaker
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Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

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

Apr 01, 2016 10:00 PM
Rainmaker
1,620,437
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

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.

Apr 02, 2016 12:34 PM
Ambassador
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

The codes department would likely say they are encroaching and could be required to move it.

Apr 02, 2016 06:09 AM
Rainmaker
4,799,256
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't think it's an encroachment on the neighbor, but it is a zoning violation.

Apr 02, 2016 05:19 AM
Rainmaker
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Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Check with the title company.

Apr 02, 2016 04:32 AM
Rainmaker
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Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

there would need to be a permit pulled and zoning regulations need to be followed.... setbacks included....

Apr 02, 2016 04:26 AM
Rainmaker
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William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I believe I would refer that question to the local governing authority

Apr 02, 2016 03:53 AM
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Could be. Sounds like a title and possibly an attorney matter 

Apr 02, 2016 03:30 AM
Rainmaker
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Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Eric Kodner It is if it is a designated buffer zone or utility setback.

Apr 02, 2016 03:13 AM
Rainmaker
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Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

In short, yes.

Apr 02, 2016 03:09 AM
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Title and legal will be able to answer this for you.  Lots of interesting comments here. 

Apr 02, 2016 02:43 AM
Rainmaker
1,157,435
FN LN
Toronto, ON

Legal counsel should be sought from a qualified attorney familiar with this type of issue.

Apr 02, 2016 01:51 AM
Rainmaker
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Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

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.

Apr 02, 2016 01:26 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

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.

Apr 02, 2016 12:41 AM
Rainmaker
3,917,166
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

In this situation, I would contact my title company.  

Apr 02, 2016 12:34 AM
Rainmaker
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Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Interesting question - parked and reading

Apr 02, 2016 12:11 AM
Rainmaker
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

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

Apr 02, 2016 12:07 AM
Rainmaker
292,535
Jack Lewitz
Exit Strategy Realty - Evanston, IL

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.

Apr 02, 2016 12:02 AM
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John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

I'd check before building anything.

Apr 01, 2016 11:52 PM
Rainmaker
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Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

I don't believe you can encroach on yourself in real estate.

Apr 01, 2016 11:50 PM
Rainmaker
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Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

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.

Apr 01, 2016 11:07 PM
Rainmaker
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Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

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

Apr 01, 2016 10:48 PM
Rainmaker
4,116,296
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

I'd run it by a title company for a complete answer.

Apr 01, 2016 10:31 PM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

my county only considers it a zoning violation, not an "encroachment".

Apr 02, 2016 01:29 PM