Thanks so much for your responses...
I am working on having the seller agree to fix the problem....and my plan is to put something into a contract amendment (before my inspection period ends) which elaborates on this. But I do like to anticipate outcomes and in creating the amendment, I want to insert some language which indicates what will happen if the seller doesn't get the fix done by closing. I suppose the basic options are as follows....and would appreciate any other feedback.
Option 1 - I simply take the property as-is (as yet I do not know if the lender will agree to this condition....but, even if the lender didn't care, this condition concerns me for when I resell it if I do nothing AND if I try to fix it, there will be a cost for me to try AND - as mentioned above by Dave, I know in other cases if the encroachment is old enough, you can actually loose the encroached-upon land [there is case law in Florida on this - I think I saw 7 years as a timeframe beyond which you could loose rights to the land])
Option 2 - I walk from the deal (don't want to do this....but I'm having trouble gaging how significant a blemish this is)
Option 3 - I extend the closing until the seller fixes it (unlikely that seller would agree...I probably wouldn't if I was the seller)
Option 4 - The seller agrees to fix it after closing and escrows money to guarantee he follows though
Option 5 - The seller and I agree on a monetary amount and close. In this case - the encroachment affects about 3.5% of the property...so that could be a basis to calculate an amount for this (or as a basis for the escrowed amount).
Now - I also know the seller has title insurance and may actually have a valid claim IF he didn't know about the encroachment when he purchased (the survey showing the encroachment was generated when he did a refi on the property...but I'm unfamiliar how that process works and how long it takes.