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Property encroachment problem

real estate attorney Tennessee Aug 17, 2026
I have a question hopefully someone can answer. I’m in the process of buying a house in Tennessee, I’m in contract, clear to close and closing is the 28th of this month. Now title company found that I shop on the property slightly encroaching neighboring property and they won’t insure it. Now sellers may ask neighbors for permission to use land and get this recorded and then submit to insurance company. Now the problem I have is I want to own the property that the shop sits on not permission. Will title insurance company now insure that shop with that easement permission or whatever they may call it and issue a clear title with only standard exceptions like my contract states or will it be with special exceptions. What I’m trying to say will it be a clear title as if there was no encroachment at all and can there be problems in the future with the shop being on others person’s property vs not being on any ones property. Location: TN
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