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Residential TradingABHARD

A buyer is purchasing an Alberta property where the RPR shows a garage encroaching 6 inches over the property line onto the neighbour's land. What are the options to resolve this issue before completion?

Correct Answer

B) Options include obtaining an encroachment agreement with the neighbour, applying for a relaxation from the municipality, obtaining title insurance, or negotiating a price adjustment

When an RPR reveals an encroachment in Alberta, several resolution options exist: the seller can obtain an encroachment agreement (registered caveat) with the neighbour, apply to the municipality for a development permit relaxation, the buyer can obtain title insurance to cover the risk, or the parties can negotiate a price adjustment. The appropriate solution depends on the severity of the encroachment.

Answer Options
A
The buyer must demolish the garage before closing
B
Options include obtaining an encroachment agreement with the neighbour, applying for a relaxation from the municipality, obtaining title insurance, or negotiating a price adjustment
C
Encroachments cannot be resolved and the sale must be cancelled
D
The municipality automatically resolves all encroachment issues

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Key Terms

encroachmentReal Property Reporttitle insurancemunicipal relaxation
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