Difficulty: Medium

Average Score: 62%

A buyer suspects a neighbor's fence encroaches. The buyer's licensee should advise:

Rationale

A staked survey performed.

A staked survey is the most effective method to determine the precise boundaries of a property and to verify if the neighbor's fence encroaches on the buyer's land. This survey will provide a clear, professional assessment of property lines, allowing the buyer to address any potential disputes accurately.

A (the property appraised.) YOUR ANSWER

While appraising the property can provide insights into its value, it does not address boundary issues or encroachments. An appraisal focuses on market value based on various factors, but it does not include a detailed examination of property lines or adjacent structures, making it insufficient for resolving encroachment concerns.

C (the title insurance company lists it as an encroachment.) YOUR ANSWER

The title insurance company may provide coverage details concerning encroachments, but it does not resolve the issue itself. Listing an encroachment does not give the buyer the necessary information about the extent of the issue or how to remedy it, which is vital for legal clarity and peace of mind.

D (it listed as an exemption in the title policy.) YOUR ANSWER

Listing an encroachment as an exemption in the title policy does not solve the problem; it merely acknowledges the issue without offering a solution. This action could potentially limit the buyer's rights and should not be considered a viable strategy for addressing the encroachment issue effectively.

Conclusion

In situations where a neighbor's fence is suspected of encroaching on a buyer's property, advising them to conduct a staked survey is essential. This approach provides a definitive boundary assessment, enabling the buyer to understand their property rights and take appropriate action. Other options, such as appraisals or title insurance listings, do not adequately address the core issue of property boundaries and encroachments.

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