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Updated over 2 years ago,
Encroachment into easement
Hello all, I will be closing on a SFH this week near downtown Holly Springs, NC. I received the property survey about a week ago and found out the house (and HVAC units) encroaches approx. 2' into a drainage easement along the sideyard. The seller disclosed the easement but never disclosed the encroachment. I spoke with city staff and received a letter from the city attorney essentially saying they "consent of the encroachment" and "it is highly unlikely your structure would be impacted". Of course, the wording doesn't really provide any guarantees but the drainage pipe was actually replaced in 2020 with no issues to the structure. My main concern is not so much that the house would be affected but more the marketability of reselling the home (if we so choose) in the future. This purchase is intended as a place to raise a family and settle for the next 7-10 years. I've thought about walking but the potential of losing due diligence money (or litigation) and the raising rates is giving me second thoughts. Any advice is greatly appreciated. Thanks!