We are considering buying a property that has a roof overhang into the neighbors property…what do we need to be concerned about? I do not believe there is a formal easement drawn up. However, we believe the extension in question was built in the 1940’s. Any thoughts?


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  1. Technically it is an encroachment on the other property. If it’s not in the title, then your fine for now. But, if your neighbors sell, there may be an air rights/encroachment issue where theoretically they could demand to have it removed/changed or bargain for easement rights ($$).

    I’d consult your real estate attorney. If it were me, I’d buy the home (if you love it) and then have the roof line changed.

  2. Have your lawyer check your title. I assume you bought the place more recently then 1940. It should already appear on title insurance.