Encroachment Issue
Currently in the process of purchasing a commercial property.  It is a warehouse in a residential neighborhood but the building is zoned commercial.  Both of the neighbors properties (residential) are encroaching my property.  One neighbor is a driveway and the other is a fence.  I don't want to ruffle too many feathers and force them to make the corrections immediately.  I mainly want to protect my investment and make sure I am completely covered for when I go to sell the property in the future or redevelop the building.  What is my best approach?  I will be using the warehouse for my business and I don't want my neighbors hating me before I even move in.  I am expecting some issues with the fact that I am operating a business in a residential neighborhood (even though I am zoned commercial).  Thanks guys!
[{"id": "dea1enc", "text": "I suggest working out an easement with them, also i would read up on fence laws...sometimes a fence placed near a property line after a certain amount of time re-defines that property line. ", "replies": [{"id": "dea5jrv", "text": "That was my main concern.  ", "replies": [{"id": "deaedi8", "text": "Yeah, in the future if your make another purchase, place this kind of stuff in the contract, that these issues need to be negotiated. Honestly don't be afraid to knock on their doors and introduce yourself. Hell you know you're not going to be there 24/7 making them your free security system might be worth them using your land anyways.", "replies": [], "depth": 3}, {"id": "dearwl3", "text": "That is called a prescriptive easement, laws vary from state to state so you'll need to check yours for specifics.  If you're serious about correcting the error then you should learn what your rights are prior to purchasing the property.  If you buy the property and haven't addressed it, it could be viewed as a tacit approval of the \"easement\" and make it more difficult for you to adjust the fence/driveway.\n\n", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "dea47b8", "text": "Will these encroachments impair your ability to develop or use the property? Sounds like there is a chance these could be located within setback lines.\n\nDepending on how your contract is structured, I would object to the encroachments and follow up with your title company and the Seller saying that you need some assurances that these items won't hurt your use/propert value. You don't need to be a hardass, but it's pretty reasonable that you need to be sure these encroachments won't cause you a problem and the Seller should understand that. It's hard to know specifically what the solution may be without more details.", "replies": [{"id": "dea5qzg", "text": "Thanks.  Currently the encroachments do not negatively me.  My concern was for any future developments.  There is a chance I develop the warehouse into apartments if my business outgrows the location and we move to a new building.  I want to be able to \"take back\" the land if needed.  It is not much, maybe 1 foot over on each line.  ", "replies": [{"id": "deajwdi", "text": "You'll be able to take back the land I'm pretty sure, also any type of building i'd be really surprised if there wasn't a setback limit, just about the only place there aren't set backs are in Downtown's of Cities. You also typically have some sort of landscape buffer requirement when commercial meets residential, so chances are that 1ft of encrochment would be for landscaping or grass....and very slim chance you'd be using it for parking or drive lanes.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "deb1bz8", "text": "Talk to your title attorney, but in the past, I've gotten neighbors to sign a document saying they know they encroach and agree not to file a claim for property they encroach on. Can't remember the name of the document. Basically, that stops any adverse possession or prescription. ", "replies": [{"id": "deb9g7p", "text": "Typically we simply call this an encroachment agreement. It does a few things: (I) waives any claim as to adverse possession, (ii) indemnified owner against damages suffered as a result of the encroachment and finally, (iii) the encroacher should agree to rebuild the improvement on their own land in the event of any casualty in the future. ", "replies": [{"id": "debwvd8", "text": "Thanks.  I had remembered the gist of it.  Does this typically suffice to adequately protect the owner of the encroached upon land?  ", "replies": [{"id": "decbsp9", "text": "Thanks guys, this seems perfect.  I am beyond frustrated with my lawyer.  I can't believe she didn't bring this up in the first place.  ", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}]