

554,600
I’m surprised you can’t do a boundary line adjustment as that would be my first choice of action. If you cannot get any type of exception for this encroachment, then the pool might need to be taken out. But an attorney’s advice might be cheaper than the pool removal
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Ron and Alexandra Seigel
Carpinteria, CA
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Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
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Fred Griffin Florida R...
Tallahassee, FL
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Nina Hollander, Broker
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
1,113,058
I actually know the answer to this having experienced it with one of Carmen's houses. One guy gives the other guy a license to use that part of his property. It can run with the property and allow that encroachment to take place. You need to talk to a real estate attorney about the possibility of drawing one up that will satisfy title.
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Ron and Alexandra Seigel
Carpinteria, CA
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Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
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Fred Griffin Florida R...
Tallahassee, FL
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Nina Hollander, Broker
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
720,287
My first answer is SOL. Let me think about that one. Anything with encroachments and clouded titles are fraught with issues today and tomorrow into the future.
It's seems that the biggest issue is that the county will not change the lot line. With an encroachment, title cannot be insured and forever there will be an encroachment. The problem with the encroachment is that there may also be a county or city ordinance that for any construction, there may be a buffer or setback (like 5 to 10 feet) the the property line - so now that's another problem where city/county may order the pool demolished. Lender will not lend on clouded/encroached title. Not this new buyer, but in the future, there may be an un-cooperating buyer (like 2 buyers down the road) and file lawsuit against lot #1 owner. It's a royal mess.
Seller may be able to give away the ownership rights to a certain amount of lot 1 to the new owner of lot 2? Problem is part of the pool is now owned by lot 2 owner??? That's an AZ thing, seen it before. I don't know how it's done in Florida.
At the end of the day, lot 1 owner, may sadly have to redo/move the pool back on lot 1 and pay for his mistake. That would fix the problem - and likely still the 'cheapest' solution.
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Ron and Alexandra Seigel
Carpinteria, CA
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Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
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Nina Hollander, Broker
Charlotte, NC
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Candice A. Donofrio
Fort Mohave, AZ
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Fred Griffin Florida R...
Tallahassee, FL
1,598,552
What a great question. Thank you, Fred. I am going to read answers and learn something new.
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Evelina Tsigelnitskaya
Sunny Isles Beach, FL
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Valeria Mola
Sunny Isles Beach, FL
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Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
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Fred Griffin Florida R...
Tallahassee, FL
5,558,401
I wouldn't let my buyer buy because this issue will impact then down the road as well.
I would seek a county planning/permitting Board member and approach it from that direction. Seller should pay to have the surveyor re-draw the lines or at least have an attorney draw up & record an easement.
Title policy coverage is one thing when there is a structure on the property (lenders will often accept) but, raw land is a whole other issue...at least in my experience.
Good luck, Fred!
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Ron and Alexandra Seigel
Carpinteria, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Richard Bazinet /MBA, ...
Scottsdale, AZ
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
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Fred Griffin Florida R...
Tallahassee, FL
5,389,237
I guess it comes down to how badly the seller wants to sell. Waiting for an all cash buyer in Charlotte for something like this could take a while. But can't they write an easement into the title?
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Kris Collis, Associate...
East Stroudsburg, PA
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Ron and Alexandra Seigel
Carpinteria, CA
-
Bob "RealMan" Timm
Minot, ND
-
Michael Jacobs
Pasadena, CA
-
Fred Griffin Florida R...
Tallahassee, FL
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Candice A. Donofrio
Fort Mohave, AZ
1,657,702
I just sold the home with a similar situation but it was a driveway encroachment. Buyer was disclosed and acknowledged it, bought a property as is with no objections or concerns. Yes, he has the right to go after his neighbor if he even needs those few sqft and make his neighbor life very uncomfortable, but he has no plans to do so at the moment.
Good luck.
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Candice A. Donofrio
Fort Mohave, AZ
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Bob "RealMan" Timm
Minot, ND
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Fred Griffin Florida R...
Tallahassee, FL
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Debe Maxwell, CRS
Charlotte, NC
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Inna Ivchenko
Encino, CA
2,071,140
Interesting question.
Reading answers.
Thank you, Fred.
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Evelina Tsigelnitskaya
Sunny Isles Beach, FL
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Valeria Mola
Sunny Isles Beach, FL
-
Bob "RealMan" Timm
Minot, ND
-
Debe Maxwell, CRS
Charlotte, NC
-
Fred Griffin Florida R...
Tallahassee, FL
2,872,471
Buyer can waive the encroachment and grant an easement as approved by Title insurance at that time. I would drive a decent bargain with the next buyer and then sweeten the pot (cash) as consideration. Title legal departments have dealt with these issues as they are not new. I am surprised they don't have a remedy as this is very solvable
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
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Fred Griffin Florida R...
Tallahassee, FL
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Nina Hollander, Broker
Charlotte, NC
-
Candice A. Donofrio
Fort Mohave, AZ
5,559,133
If the title company will issue an encroachment note and the encroachment does not effect any setback requirements, there should be no issue. Check with some of our AR member mortgage brokers. I bet they have sources.
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
-
Fred Griffin Florida R...
Tallahassee, FL
-
Nina Hollander, Broker
Charlotte, NC
-
Candice A. Donofrio
Fort Mohave, AZ
6,766,565
Share the pool with the new neighbors.
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Bob Crane
Stevens Point, WI
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Debe Maxwell, CRS
Charlotte, NC
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Fred Griffin Florida R...
Tallahassee, FL
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Bob "RealMan" Timm
Minot, ND
921,504
Hire an attorney.
Lot lines are redrawn often. My last event was a builder put the drive in the wrong spot according to the lot lines. Neighbors and community made no protest and lines were changed. I simply followed the county process.
However, the county may have elected to engage in a '**ing' contest since their authority was ignored when the pool was constructed. Hire an attorney who is an influencer (works with builders) in the county. However that may prove more costly than the alternative corrective measures. Of course the seller doesn't want to. I don't want to pay my taxes...but sometimes we do things we don't like. Here's the rub, now that the county knows about a 'non-conforming' property, this issue may not disappear.
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
-
Candice A. Donofrio
Fort Mohave, AZ
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Fred Griffin Florida R...
Tallahassee, FL
1,758,937
Any thoughts about setting the pool up as a common area and write HOA docs indicating that fact? Just a thought.
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Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
-
Fred Griffin Florida R...
Tallahassee, FL
2,191,005
Would it be possible to create an easement for the "life"' of the pool?
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Kris Collis, Associate...
East Stroudsburg, PA
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Fred Griffin Florida R...
Tallahassee, FL
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Candice A. Donofrio
Fort Mohave, AZ
1,546,224
There is a lot near me that has encroachements on two sides. House on one driveway on another. It was bought and is sitting vacant for the last 2 years. No idea what can be done there.
Maybe get an easement from the buyer to the seller for the use of the land with the encroachment. See if the seller can grant himself the easement too.
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Fred Griffin Florida R...
Tallahassee, FL
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Candice A. Donofrio
Fort Mohave, AZ
-
Debe Maxwell, CRS
Charlotte, NC
8,237,429
Relocate the pool.
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Bob "RealMan" Timm
Minot, ND
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Fred Griffin Florida R...
Tallahassee, FL
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Debe Maxwell, CRS
Charlotte, NC
4,791,716
Hello Fred - not an ideal situation but not impossible to solve depending on motivation by each party. Interesting answer so far.
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Bob "RealMan" Timm
Minot, ND
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Debe Maxwell, CRS
Charlotte, NC
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Fred Griffin Florida R...
Tallahassee, FL
2,562,345
Fred, solution #1 seems the best solution but I'd want to know how old the pool is and it's condition. Could a contractor "re-size" the pool?
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Debe Maxwell, CRS
Charlotte, NC
-
Candice A. Donofrio
Fort Mohave, AZ
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Fred Griffin Florida R...
Tallahassee, FL
1,269,143
Dead beat. Hopeless case.
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
-
Fred Griffin Florida R...
Tallahassee, FL
1,045,965
Grant an easement in perpetuity?
Look for other lenders?
Those are the first two that came to mind for me. Good luck Fred
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sylvia platt
Belle Haven, CT
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Fred Griffin Florida R...
Tallahassee, FL
936,418
If he owns both lots, and they won't allow a boundary line adjustment, then I would just create an easement for the pool to encroach. Or just adjust the wall/shape of the pool. Build a block wall inside the property line and spray it with gunite. Check with a pool company. If it was mine, I'd demo and rebuild the pool so there is no encroachment. Many buyers don't like easements.
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Fred Griffin Florida R...
Tallahassee, FL
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Candice A. Donofrio
Fort Mohave, AZ
5,774,106
Fred,
I read all the comments, and the answers. That is what when you get when you don't list with an expert...LOL
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Fred Griffin Florida R...
Tallahassee, FL
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Candice A. Donofrio
Fort Mohave, AZ
3,447,516
Oopsy daisy ... oh the things we do that end up biting us in the arse and costing us MONEY.
I am certain there is a solution. Consult with a real estate attorney.
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Fred Griffin Florida R...
Tallahassee, FL
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Debe Maxwell, CRS
Charlotte, NC
6,054,959
Have not run into this at all, so reading answers.
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Fred Griffin Florida R...
Tallahassee, FL
3,986,529
I would consider a temporary easement saying when the pool needs
Major repairs, the size be redone at that time
Just a thought
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Fred Griffin Florida R...
Tallahassee, FL
957,722
Create an easement We do it all the time... if it is a garage or structure we create an easement for the life of the structure and if it burns down or needs replaced the easment becomes null. I dont know how that would work with a pool. But there is no reason the seller cant grant himself an easement.
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Fred Griffin Florida R...
Tallahassee, FL
1,153,799
Is the pool as old as the house? Dollar wise tearing it out would be the best choice I believe.
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Fred Griffin Florida R...
Tallahassee, FL
4,434,277
5,585,039
if he deeds that portion of land to the abutting lot, will he need a variance for his lot...get an easement for that portion of the pool..... messy.....or is it within the zoning requirements....
maybe an abutter will give an easement on the other side of the property to satisfy the sq. ft. requirement.... there's always a way....and then redescribe the lot....
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Fred Griffin Florida R...
Tallahassee, FL