Gain insight on conflicting boundaries and encroachments.
Occasionally, deeds that have been recorded for adjoining parcels display descriptions that overlap one another. The overlapping surface area may prove to be minute, or it may involve a large area. At the preliminary stage that the title examine perceives that an overlap exists, the conclusion will have been drawn based upon conveyances that form the chain of title for the affected parcels, and these records may, due to their age, require construction with the aid of maps, surveys, affidavits, or other information. The overlapping descriptions may be reconcilable with the benefit of further information, or they may prove irreconcilable, with the result that a direct conflict between adjoining owners is possible. This white paper discusses the issue of conflicting boundaries and reviews access and easements issues.
Duane H. Wunsch
Fidelity National Title Group, Inc.
- Wisconsin State Counsel for Fidelity National Title Group
- Over 30 years of experience, including searching and examining titles, closing transactions, and handling title insurance claims
- Member of the State Bar of Wisconsin and the Milwaukee Bar Association
- Past President of the Wisconsin Land Title Association
- J.D. degree, Emory University; B.A degree, UW - Madison
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