Dealing with Encroachments on Kauai
Last year I sold a property that had a small fence encroachment of about 4inches. During that time I realized there was not much information online about encroachments and the details that are involved in obtaining an encroachment agreement.
Most encroachments today are from fences this is why it is very important to get your property staked by a licensed surveyor before putting up a fence. The cost is roughly $350-$450 depending on the property and is well worth it! Using tools like a tape measure are not accurate. Here are a couple of licensed surveyors I recommend on Kauai:
CLS Surveying
What is an encroachment?
- An encroachment is an intrusion onto someone else’s private property.
Options if there is an encroachment
- To remove the encroachment
- Obtain an encroachment agreement
How do I obtain an encroachment agreement
- I found out its easiest to obtain one while the property is in escrow transferring owners.
- The first step would be to hire a surveyor to draw a map of the encroachment.
- Then a person can bring this map to escrow or their lawyer to write up the encroachments and its details. This is why it can be easier to be done through a sale of a property. Escrow can refer you to a lawyer to get it done quickly and affordably.
- The landowners involved will sign the agreement and it will be attached to the title report.
Know where your property pins are!
Staking a property to find the property pins will save a person time and money instead of having to obtain an encroachment agreement. This is why a survey or staking is done during the sale of a property.
Remind fence installers to not place the fence pole directly on top of the property pins. This way surveys can find them when if a person decides to sell their property or needs to prove where the pins are located.
This blog is not too detailed although if you have questions on an encroachment please feel free to call me. If a neighbor is not willing to sign an encroachment agreement or remove their encroachment it is best to seek advice from a lawyer.
