There are plenty of areas in the Tucson foothills where there are informal unrecorded agreements on driveways crossing the property lines (a common occurrence because of the terrain), which means that the obvious encroachment is not in fact an encroachment since they have permission.
> There are plenty of areas in the Tucson foothills where there are informal unrecorded agreements on driveways crossing the property lines (a common occurrence because of the terrain), which means that the obvious encroachment is not in fact an encroachment since they have permission.
A perfect example of why I just show what it is and where it is.
That's right, Bruce.
Such is also the case with many of what, at first glance, appear as "encroachments." The only way you find out whether it is or isn't an encroachment, is to ask. If you haven't asked, then you can't label it as an "encroachment." However, the first title company or attorney to pick up the survey, sees the depiction (without a label), and throws up a red flag, yelling "encroachment!" If the surveyor goes the "extra mile" (really, it's more like a phone call most of the time), gathers the evidence and discloses it in the narrative, the evidence ends up in the survey record and all the "red flags" are avoided (even the ones 20 years from now).
It all goes back to depicting solutions rather than depicting problems.
JBS
Whether a regulatory body uses the term encroachment or not is immaterial.
An 'encroachment' does not exist unless and until a judge rules that, for the particular parcel of land, certain conditions on that parcel constitute an encroachment.
Once judge has ruled and the surveyor has a copy of the ruling, the surveyor can 'show the encroachment'.
Without a judges ruling, there is no 'encroachment' that a surveyor can show.
Richard Schaut
I don't think the California BPELSG calls it anything.
Usually the feature is labeled (fence, concrete, etc) and dimensioned off of the boundary line. I don't recall seeing the use of the word on a map.
The reality is that there are lots of things which are really not encroachments so much as neighborly accommodation. I saw one yesterday, the fence wanders inside of a 4' redwood tree. No one wants to cut down such a nice tree so the fence bends around it. It's not an encroachment in the sense of being illegal; it is just an accommodation.
The operational precision of a larger property just isn't that small. Reasonable people aren't suing each other over a foot here and there in those situations.
Is this sufficiently fuzzy for you?
From the list of 13 items that should appear on a plat of survey in Kansas.
"9. Easement lines, where known. All easements, evidenced by a record document which have been provided to the surveyor, shall be shown, both those burdening and those benefiting the property surveyed. Indicate the source document and/or recording data of record documents. Observable evidence of unrecorded easements and/or servitudes of all kinds on or across the surveyed property and adjoining properties if they appear to affect the surveyed property shall be shown. "
Unrecorded easements and servitudes of all kinds. What the heck are they? I don't see the term "encroachment" anywhere, but, "servitude" is equally fuzzy.
We never show improvements or easements unless specifically requested by the client. Otherwise, they are excluded per client agreement.
So, from what I am reading Richard, you do not know what your state rules state and really do not give a darned what they call it?
What does your state board call it.> GA Surveyor
in Richards defense I couldn't find anything in the WI regulations about this subject. Kind of sparse on the regulations.....
I apologize
Richard and his mindset is just infuriating to me, does not excuse my being rude about .
Let me rephrase it: Richard, the question here is not what does Richard Schaut think encroach means, the question is what does your state call it in the rules? Or do they have anything in the rules that addresses it?
