Escrow & Title
A Mississippi property's title has an 'encroachment' of a neighbor's fence 1.5 feet onto the subject property. The buyer is concerned. The buyer's options include:
AIgnoring the encroachment since it is only 1.5 feet
BNegotiating a resolution before closing — including obtaining an easement for the fence, a boundary line agreement, removal of the fence, or a price reduction with the buyer accepting title subject to the encroachment✓ Correct
CSuing the neighbor immediately after closing
DRequiring title insurance to guarantee the encroachment will be removed
Explanation
Encroachments must be addressed before closing. Options include: negotiating a boundary line agreement recognizing the fence location, obtaining an express easement for the fence, requiring the seller to have the fence removed, or the buyer accepting the title condition (typically with a price reduction or special endorsement from the title insurer).
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