Encroachment agreement question

[Jeff Bowman]

Hi all,

my parents own a mountain home in North Carolina. Several years ago when a new survey was done on their property and the property next door, it was revealed that my parents propane gas tank (which was already in place when my parents bought the property) and part of the walkway (ditto) is encroaching upon the neighboring lot. An Encroachment agreement was drawn up between my parents and the owners of the lot next door and recorded in the county were the two properties are located. Now the people who own the lot next door are selling their property to some buyers who want to develop a mountain home and they've requested that the propane tank be moved. Current owner of the lot is offering to pay for moving the tank but not the landscaping (it would make a mess to move the tank). All things being equal, my parents would prefer that the encroachment agreement continues with the new buyers.

My question is: is this encroachment agreement only valid with the current owner? In one of the covenants, there is a subparagraph that attests that this agreement has a binding effect upon the property and continues regardless of new purchasers, successors etc. However, this new buyer is threatening to get attorneys involved because he seems to think that this is not a encroachment granted in perpetuity.

I think my folks are in the clear on this due to the nature of the language in the agreement but the last thing I want to have happen is get lawyers involved and have them have to pay to move the tank since, technically speaking, they are in the wrong.

Don't have any experience/advice in this matter?

Thanks