Must-Disclose Encroachments, Easements, Zoning Violations, and Non-Conforming Uses #RealEstateLawTip

6 Jun 2024 · 1 min

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In this short instructional video, the speaker outlines the seller’s legal duty to disclose any known encroachments, easements, zoning violations, or non‑conforming uses when selling real‑estate. He illustrates the point with a recent case where a neighbor’s fence encroached three feet onto the seller’s lot, requiring disclosure on the seller’s disclosure statement. He emphasizes that any known easement, any zoning violation the seller is involved in, and any non‑conforming use (even if grandfathered) must also be disclosed to the buyer.

Chapters

Any encroachments, easements, zoning violations, or nonconforming uses. Okay. So if you know that you have, for example, I just helped a seller sell his property that he had surveyed and found that the neighbor had encroached about 3 feet onto his property, installed a fence. So there was an encroachment that we had to disclose on the seller's disclosure statement. If there's an easement that you're aware of, you need to disclose that. Any zoning violations that you might be involved in, you need to disclose that. Or if you have a nonconforming use, that means you might be allowed under the zoning because you're kind of grandfathered in, but you need to disclose that.