No Title Insurance for Encroachment

Question: We bought a home in Anthem with a “clean” title insurance policy.  A few months after we moved into the home, we noticed that the block wall in our backyard on our property between us and our neighbor was collapsing. The collapsing was due to the neighbor’s landscaping that encroaches onto our property. Our title company says that our title policy only covers the legal ownership of the property that we own, and that there is no dispute as to the legal ownership of our property. Further, our title company says that we could have paid for an endorsement to our title policy that would include a survey with a physical inspection of the property. Our neighbor still refuses to do anything. What can we do now to protect our property?

Answer: First, you have the right to “self help,” i.e., physically remove as much as possible the encroaching landscaping onto your property. Second, you should consult with a civil engineer, and, if necessary, consult with an attorney about getting a court order requiring your neighbor to correct the landscaping encroachment.

Leave a Comment

You must be logged in to post a comment.