District of Columbia  |  Construction Law

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6/03/04, 11:06 pm

Legal Question


Property bought with encroachment

We bought a townhouse in the District of Columbia two years ago. We have since become aware that the survey given us does not exactly represent the amount of property that we have. The survey indicates 20' feet across facing the alley. In reality, the property is 18+' across facing the alley. The contractor, who developed our lot and the lot next door apparantly gave a foot or more of our land to the adjoining property as indicated by the fence enclosure. We have since noticed that the survey states, in bold letters in the upper left-hand corner that ''Encroachments May Exist''. Is that ''pro forma'' on all deeds or is it something we should have noticed before settlement. Is there any redress for us and what would the process be, if any, since the present owners of the adjoining property are our friends and are most certainly not aware of the encroachment.


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