Encroachment into a Street Right of Way

It’s a good idea to always compare the map you receive in your title report with the property you are representing; there may be a “landscape encroachment.”

"A common issue in many older neighborhoods is the width of the street as dedicated on the recorded plat, versus the width of the constructed street on the ground.  

In many cases, the street as dedicated is wider than the street as constructed, which leads to a portion (sometimes a large portion) of what looks like the front yard and the property of the owner actually being within the street. In some cases, actual improvements such as the garage, driveway, landscaping and perhaps even the dwelling itself may encroach into the street. 

If an inspection is performed by the title company, and such an encroachment is discovered it will be disclosed on the title report and excepted from coverage. This should never be a “deal killer,” but the buyer may want to take this little anomaly under advisement when considering making an offer on a particular property. 

The same issue may also exist when properties abut active or abandoned railroad right of ways.

Since this is a relatively common issue it should not be cause for alarm, but is good to be aware.