Question 64

A staked survey performed.

Advising a staked survey to be performed is the most appropriate action for addressing a suspected encroachment of a neighbor's fence. A staked survey will provide a clear and precise boundary determination, which is essential for resolving such disputes.

A) the property appraised.

While having the property appraised might provide insight into its value, it does not directly address the issue of boundary lines or encroachments. An appraisal does not resolve the uncertainty regarding property boundaries, making this option inadequate for the buyer's concern.

B) a staked survey performed.

This option is the correct choice as a staked survey will accurately delineate the property boundaries. It involves a professional land surveyor marking the corners of the property, which can confirm whether the neighbor's fence is indeed encroaching on the buyer's property.

C) the title insurance company lists it as an encroachment.

This option is incorrect because simply listing an encroachment in title insurance does not provide a resolution to the issue. Title insurance may cover losses from encroachments, but it does not clarify the boundaries or resolve disputes between neighbors.

D) it listed as an exemption in the title policy.

Listing the encroachment as an exemption in the title policy does not help the buyer in determining the actual property lines. This option does not provide any practical solution to the concern of boundary encroachment, thus making it ineffective.

Conclusion

The recommendation for a staked survey is the most effective way to address the buyer's suspicion of a neighbor's fence encroaching on their property. It provides definitive evidence regarding property boundaries, while the other options either do not address the issue directly or fail to provide a resolution. Therefore, option B is the most appropriate and actionable advice for the buyer's situation.