Q: House encroaches on golf course easement; buyer concerns in TN. Options?
I own a home built in 1992 that encroaches about 3 feet over a golf course easement. This issue has been present through several ownerships, and I've been advised by an attorney that it's not legally problematic since the house has been sold multiple times over 33 years without issue. However, it is a concern for potential buyers, as one interested party declined to move forward due to this issue. The survey verifies the encroachment, but neither I nor previous owners have addressed it with the golf course management. What options do I have to reassure potential buyers and resolve this concern?
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A: You might get the owner of the golf course to agree to a joint and permanent easement to be made of record. If you are able to move your encroachment, then you might do so. Otherwise expect to sell to buyers who are not concerned with the title cloud or possibly be sued at some time in the future. Your defense would be acquiescence to some ascertainable boundary line.
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