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ARTICLE · 21 JUNE 2018

Regularise Encroachments In Good Time

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An encroachment is the movement of a boundary beyond its legally proper position.

BermudaReal Estate and Construction

An encroachment is the movement of a boundary beyond its legally proper position.

Typically, it is a shock to many Bermudian homeowners that encroachments cannot always be satisfactorily corrected informally between neighbours.

Encroachments can occur, and require correcting, due to historically less accurate surveying devices, intentional or natural movement of a boundary feature, or because of a previous informal agreement between neighbours.

Frustratingly, encroachments are often overlooked until a vendor and purchaser have entered into a sale and purchase agreement. For this reason, professionals recommend that vendors have their lot staked out with a new lot plan produced prior to listing. That way, any encroachment discovered can be corrected, likely well before a sale is due to close.

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