Rick, Jon and Pamela,
As reflected in the recent survey for 163 E Genesee Street, the neighbor’s chain-link fence along the rear boundary encroaches by 1 foot 8 inches at one point.
The fence appears to have been installed slightly over the line due to the large shade tree and its root system, which limited the placement of the fence post. Importantly, this condition has no practical impact on someone’s use and enjoyment of the property.
This minor encroachment is de minimis in nature and does not affect the marketability, usability, or insurability of the property.
The title insurance policy can be issued with a standard exception for the fence encroachment, and the title remains insurable and marketable. There is no need to delay closing over this matter.
For these reasons, I respectfully request that the closing proceed as scheduled to prevent any further delay on possession.
