Seasonal Benefits of Buying a Home in the Winter

Winter may not be the traditional season for buying a home, but it offers a host of advantages that can make it a smart choice for many buyers.

With lower competition, motivated sellers, and potential financial benefits, purchasing a home in the winter can be both strategic and cost-effective. Let’s explore the seasonal benefits of buying a home in the winter and why it might be the perfect time for you to make your move.

Lower Competition and Fewer Buyers

One of the most significant benefits of buying a home in the winter is the reduced competition. Many buyers prefer to wait until spring or summer, leading to fewer people competing for the same properties.

This lower competition can translate into less pressure and a smoother buying process.

More Time to Decide

Thorough Evaluation and Informed Decision Making

With fewer buyers, you won’t feel rushed to make quick decisions. You can take your time to thoroughly evaluate properties, weigh the pros and cons, and make a more informed decision.

Happy family lying on floor after buying new houseThis slower pace can be particularly beneficial for first-time homebuyers, who might need extra time to understand the market and make a confident choice.

Motivated Sellers and Potential for Better Prices

Winter sellers often have compelling reasons for listing their homes, such as job relocations or financial imperatives, which can make them more eager to negotiate on price and terms.

Homes on the market during winter may be priced more competitively to facilitate quicker sales. This creates a favorable environment for buyers to secure better deals and potentially save on their home purchases compared to peak seasons with more aggressive pricing.

Attractive Pricing and Negotiation Opportunities

Winter sellers often have compelling reasons for listing their homes, such as job relocations or financial imperatives, which can make them more eager to negotiate on price and terms.

Homes on the market during the winter may be priced more competitively to facilitate quicker sales. This creates a favorable environment for buyers to secure better deals and potentially save on their home purchase compared to peak seasons with more aggressive pricing.

Financial Benefits and Year-End Incentives

Winter coincides with the end of the fiscal year, and many financial institutions are eager to close deals to meet their annual targets. This can result in better mortgage rates, discounts, and incentives for buyers.

Real estate agents and brokers might also be more flexible with their fees to secure deals before the year ends.

Tax Advantages and Savings Opportunities

Purchasing a home before the year ends can offer tax benefits. You can deduct mortgage interest, property taxes, and some closing costs on your annual tax return.

These deductions can lead to significant savings, making winter home buying not only strategic but also financially beneficial.

Easier to Identify Issues with the Property

Assessing Insulation, Heating Efficiency, and Overall Condition

Winter is an ideal time to assess a home’s insulation and heating efficiency. During a home inspection, you can easily identify drafts, cold spots, and other issues that might not be as apparent in warmer months.

This can help you ensure the home is energy-efficient and comfortable during the colder season.

Evaluating Weather-Related Resilience

Winter weather provides a unique opportunity to see how a home withstands harsh conditions.

You can observe the state of the roof, gutters, and drainage systems during rain or snow. This firsthand experience can reveal potential maintenance issues and help you make a more informed decision about the property’s resilience and durability.

Real Estate Market Trends

Understanding Seasonal Market Fluctuations and Benefits of Buying a Home in the Winter

The real estate market experiences predictable seasonal fluctuations, with winter typically being a quieter period characterized by reduced transaction volumes.

This seasonal trend can work in favor of buyers looking for specific types of properties or seeking opportunities in their desired neighborhoods.

Understanding these market dynamics, including the benefits of buying a home in the winter, empowers buyers to strategically time their purchases for maximum advantage.

Long-Term Market Considerations

While winter may be slower in terms of market activity, it presents favorable conditions for long-term investment strategies and highlights the benefits of buying a home in the winter.

Real estate traditionally appreciates over time, and purchasing during the off-season positions buyers to benefit from future property value appreciation.

Down trend housing market concept. Financial data on the background.

Moreover, winter often unveils unique property listings that may not be available or as accessible during more competitive seasons, offering buyers a broader selection to choose from.

Conclusion

There are a number of benefits to buying a home in the winter, from lower competition and motivated sellers to financial incentives and the ability to spot potential issues.

By understanding these advantages, you can make a strategic decision that aligns with your goals and budget. Don’t wait for spring—your dream home might be waiting for you this winter.

FAQs

Is it cheaper to buy a home in the winter?

Yes, it can be cheaper to buy a home in the winter due to several factors. Firstly, there is typically lower competition among buyers during the winter months, which can drive prices down or make sellers more willing to negotiate.

Additionally, motivated sellers who list their homes in the winter may be more inclined to accept lower offers to facilitate a quicker sale. These factors combined can lead to cost savings for buyers compared to more competitive seasons like spring and summer.

What are the risks of buying a home in the winter?

Buying a home in the winter does come with some risks. One of the main challenges is weather-related issues during the moving process. Cold temperatures, snow, and ice can make moving logistics more complicated and potentially hazardous.

Another risk is the difficulty in assessing the landscaping and exterior features of the property, such as the condition of the yard, driveway, and outdoor structures, which may be covered in snow or dormant during the winter.

How can the winter weather help identify home issues?

Winter weather provides a unique opportunity to uncover specific issues that may not be as noticeable during warmer seasons.

For example, cold temperatures can reveal insulation problems or drafts in the home. Heating systems are put to the test during winter, allowing buyers to assess their efficiency and performance.

Additionally, snow and ice can highlight drainage issues, roof conditions, and the overall resilience of the property to harsh weather conditions.

Are mortgage rates lower in the winter?

Yes, mortgage rates can be more competitive in the winter months. Financial institutions often have year-end targets to meet, prompting them to offer attractive rates and incentives to borrowers.

This competitive environment can benefit buyers by providing access to lower interest rates, potentially reducing overall borrowing costs when purchasing a home in the winter.

What are the tax benefits of buying a home in the winter?

Buying a home before the year ends can offer several tax advantages. Buyers may be eligible to deduct mortgage interest payments, property taxes, and certain closing costs on their annual tax returns for the year of purchase.

These deductions can result in significant tax savings, making winter home buying not only financially advantageous but also tax-efficient.

The Impact of Interest Rates on the Real Estate Market

Introduction

The real estate market is a dynamic and ever-changing landscape influenced by various factors. One crucial element that has a profound impact on this market is interest rates. Whether you’re a first-time homebuyer, a seasoned investor, or someone simply curious about the real estate market, understanding how interest rates affect it is essential.

Interest Rates 101

Before delving into the relationship between interest rates and real estate, let’s have a quick primer on interest rates. Interest rates are the cost of borrowing money, and they are set by central banks. When interest rates are low, borrowing becomes more affordable, stimulating economic activity. Conversely, high-interest rates can cool down economic growth.

The Dance of Supply and Demand

Low Interest Rates: A Boon for Buyers

When interest rates are low, it’s often a golden opportunity for potential homebuyers. Low-interest rates translate into lower mortgage payments, making homeownership more affordable. This results in an increased demand for homes, creating a seller’s market. As more buyers enter the market, home prices tend to rise, benefiting sellers and contributing to a robust real estate environment.

High Interest Rates: A Buyer’s Dilemma

Conversely, when interest rates rise, the cost of borrowing increases, and the demand for homes tends to decrease. Higher interest rates mean higher monthly mortgage payments, which can deter potential buyers. As demand decreases, sellers may find themselves in a buyer’s market, where prices may stabilize or even decline.

Investment Strategies in a Changing Interest Rate Environment

Low-Interest Rate Environment

In a low-interest-rate environment, real estate investors often adopt different strategies. One common approach is leveraging low-interest-rate loans to finance property acquisitions. The lower the interest rates, the higher the potential return on investment. However, investors need to be cautious and factor in the possibility of rising interest rates in the future.

High-Interest Rate Environment

When interest rates are on the rise, investors may need to adjust their strategies. Higher interest rates can lead to increased financing costs, potentially squeezing profit margins. Investors may opt for shorter-term financing options or explore alternative investment opportunities outside of traditional real estate.

The Ripple Effect on the Economy

Interest rates don’t just impact individual buyers and sellers; they have a ripple effect on the broader economy. Changes in interest rates can influence consumer spending, job creation, and overall economic growth. For example, a slowdown in the real estate market due to high-interest rates can lead to reduced construction activity and fewer jobs in related industries.

Navigating Uncertainty

The real estate market is inherently cyclical, and interest rates contribute to these cycles. As an individual navigating the market, it’s crucial to stay informed about current interest rates and economic trends. Monitoring interest rate forecasts and consulting with financial professionals can help you make informed decisions, whether you’re buying, selling, or investing in real estate.

Conclusion

In the intricate dance of the real estate market, interest rates play a leading role. Whether you’re a buyer, seller, or investor, understanding how interest rates impact the market is vital for making informed decisions. Keep an eye on the economic landscape, stay informed about interest rate trends, and be ready to adapt your strategies as the real estate market continues to evolve.

Understanding the Closing Process: What Every Homebuyer Should Know

Congratulations! You’ve found your dream home, navigated through the inspections and negotiations, and now it’s time for the final step – the closing process. This is the moment when you officially become the proud owner of your new home. However, it’s crucial to understand the intricacies of the closing process to ensure a smooth transition from buyer to homeowner. Let’s dive into the essential aspects every homebuyer should know.

The Closing Process Unveiled

The closing process is the last phase in the homebuying journey, and it involves several key steps. Understanding each of these steps can help you approach the closing table with confidence.

Escrow and Earnest Money

Before the actual closing date, you’ll likely deposit earnest money into an escrow account. This shows the seller that you’re serious about the purchase. If everything goes smoothly, this money is applied to your down payment at closing. If not, it could be forfeited to the seller, depending on the circumstances outlined in the purchase agreement.

 Title Search and Insurance

A title search is conducted to ensure that the property’s title is clear of any encumbrances or claims. Title insurance is then purchased to protect both the lender and the buyer in case any unforeseen issues arise. This step is crucial in preventing potential legal headaches down the road.

Home Inspection and Appraisal

Before closing, a home inspection is usually performed to identify any hidden issues with the property. Simultaneously, an appraisal is conducted to determine the fair market value of the home. Both of these steps are essential for negotiating repairs and ensuring you’re not overpaying for your new home.

 

Reviewing Closing Costs

Closing costs encompass various fees and expenses associated with finalizing the home purchase. These may include loan origination fees, attorney fees, title insurance, and property taxes. It’s essential to carefully review these costs and, if possible, negotiate with the seller to share some of the financial burden.

Finalizing Your Mortgage

As you approach the closing date, your mortgage lender will provide a Closing Disclosure. This document outlines the final loan terms, monthly payments, and closing costs. Review it thoroughly and compare it to the Loan Estimate you received earlier in the process to ensure consistency.

The Closing Day

Finally, the big day arrives! The closing day is when you’ll sign all the necessary documents to officially transfer ownership of the property. Be prepared to spend some time at the closing table, carefully reviewing each document. Don’t hesitate to ask questions if something isn’t clear.

Navigating Potential Challenges

While the closing process is generally smooth, challenges can arise. Common issues include financing hiccups, unresolved repair negotiations, or last-minute changes to the terms. Staying proactive and communicative with all parties involved can help address these challenges efficiently.

Celebrating Your New Homeownership

Once all the documents are signed, and the funds are transferred, congratulations are in order! You’re officially a homeowner. Take the time to celebrate this significant milestone in your life. However, remember that homeownership comes with responsibilities, such as property maintenance and homeowners association obligations. Prepare for this exciting journey by familiarizing yourself with these responsibilities.

Conclusion

The closing process may seem like the last leg of a long journey, but it’s a crucial one. Understanding the steps involved can empower you as a homebuyer and make the entire experience more enjoyable. From earnest money to signing the final documents, each step plays a vital role in ensuring a successful and stress-free closing. So, take a deep breath, stay informed, and get ready to unlock the door to your new home. Welcome to homeownership!

What is PMI (or MIP) and how do I get rid of it?

PMI (short for ‘private mortgage insurance’) is one of those things in life that is both a curse and a blessing. If you put down less than 20 percent of the loan amount when you take out a conventional loan, you will be required to pay a monthly mortgage insurance premium (typically tacked on to your mortgage payment) to cover the lender in the event you mess up and default on the loan.

Without it, cash-poor homebuyers can’t get a mortgage.

With it, your house payments are higher, it takes a long time to get rid of (with some loans it never goes away) and it only protects the lender.

If you have an FHA-backed loan it’s called MIP for mortgage insurance premium. “MIP is required on all FHA loans, regardless of the size of your down payment,” according to Molly Grace at rocketmortgage.com.

“FHA loans require both an upfront mortgage insurance premium (UFMIP) as well as an annual premium payment, or annual MIP,” she concludes. 

Mortgage Insurance and the FHA-Backed Loan

Borrowers who were granted an FHA-backed loan prior to June 3, 2013 can get rid of this monthly headache when the loan reaches a 78 percent loan-to-value (LTV) ratio for a 15-year loan.

If you have a 30-year loan you’ll need to wait until your LTV reaches 78 percent AND you’ve been paying the premium for a minimum of 60 months, which is government-speak for five years.

Calculate your LTV by dividing your current loan balance by the current appraised value of the home. Here’s an example of how this works from the experts at bankofamerica.com:

“You currently have a loan balance of $140,000 … Your home currently appraises for $200,000. So, your loan-to-value equation would look like this:

$140,000 ÷ $200,000 = .70

Convert .70 to a percentage and that gives you a loan-to-value ratio of 70%.”

FHA borrowers who put down 10 percent on a home after June 3, 2013 must wait 11 years to have the MIP requirement terminated. If you pay less than 10 percent down – which is the beauty of the FHA loan, after all – you must continue to pay MIP for the life of the loan.

Conventional Loans and PMI

The Homeowner’s Protection Act of 1998 states that homeowners who have a conventional loan on their primary residence, purchased after July 29, 1999 can request a cancellation of PMI once they have 20 percent equity in the home.

The same law says that the lender must automatically terminate PMI on the date that the loan is scheduled to reach a 78 percent loan-to-value ratio – not based on payments made – but according to the date the loan should reach this milestone, as listed on the initial amortization schedule.

The law gives borrowers another way to realize relief from PMI by stating that the lender has to release you from the requirement when you are at the midpoint of your loan’s amortization schedule, regardless of your LTV.

Stop saving for the down payment and get help with it

Despite having decent credit, a good job and the ability to pay for a home every month, the dream of buying a home is somewhat elusive for those with little to no cash to put down.

This is why our younger generation isn’t buying homes at the rate that previous generations did.

With student loan debt weighing them down, there is little money left at the end of the month to set aside for the down payment on a home.

And, sadly, most lenders require you to have some skin in the game before they’ll lend you money for that home.

Thankfully, there is help – both state and municipal agencies offer down payment and closing cost assistance to homebuyers across the country.

While it will take some work on your part, you can get around saving that huge chunk of cash known as the down payment.

Down payment assistance programs

Down payment assistance comes in the forms of grants (that don’t have to be repaid) and loans — some at no interest or very low interest and some don’t have to be repaid until you sell the home.

State Housing Finance Agencies (HFA) offer many opportunities so check into yours first. You can find a list online at ncsha.org.

Counties and cities also offer down payment assistance programs as do certain non-profit agencies and employers. In fact, some of the larger labor unions, such as the Culinary Workers Union, offer assistance.

Then, there are special programs for teachers and first responders. See HUD’s Good Neighbor Next Door program for information on these programs.

Find state and local government programs on HUD’s website, here.

No down payment loans

1. If you are a current member of the military, a veteran or a surviving spouse, look into the VA Loan.

The United States Department of Veterans Affairs doesn’t actually grant loans; they guarantee the repayment of a portion of the loan should the borrower default.

The loan is granted by a private lender but not all lenders participate in the program so you may have to shop around for one. We are happy to refer you to a lender that participates

The VA-backed mortgage requires no down payment and there is no requirement to purchase private mortgage insurance, which will make your monthly payment lower than with a conventional loan.

There is, however, a funding fee but it can be wrapped into the loan amount, so you won’t have to come out-of-pocket for it.

2. The United States Department of Agriculture (USDA) offers the Rural Development home loan program which also requires no down payment.

They offer two different loan programs. The first is very much like the VA loan in that it offers the lender a government-backed guarantee.

The second program is a direct loan from the USDA and it’s for low-income borrowers.

These loans are for homes in rural areas and you can learn if a home you are interested in qualifies by using the USDA website’s eligibility tool.

Low down payment loans

FHA

Yes, FHA is popular for its low down-payment requirement, but when they changed the mortgage insurance requirement, the loan program became a lot less popular.

Today, the Mortgage Insurance Premium for the FHA loan sticks with it for the life of the loan.

If you need a low-down payment loan, however, this may be your program of choice. You’ll pay either 3.5 or 10 percent of the loan amount, depending on your credit score and lender requirements.

Fannie Mae and Freddy Mac

The HomeReady® loan from Fannie Mae actually offers a lower down payment requirement than the FHA program – 3 percent. You will also have the option of cancelling the PMI when your equity in the home reaches 20 percent.

This loan is best for low-to-moderate income borrowers with credit scores of 680 or more. You do not need to be a first-time homebuyer to qualify.

Home Possible®, Freddie Mac’s low-down payment program, offers down payment options as low as 3 percent. Learn more about this program online at freddiemac.com.

We are happy to share with you our information on no-to-low down payment loans. Give us a call.

Tips to consider when buying a home with family members

The industry that brought you the iconic “location, location, location” has a new one for you: “multigenerational housing.” No, it’s not a new concept, but housing that caters to several generations under one roof is gaining in popularity.

We started seeing the demand during the recession, when unemployment propelled younger workers back to Mom and Dad’s house. Then, there’s the fact that millennials are tending to put off marriage and remain at home longer, according to Diana Olick at CNBC.

Immigration is also a driver of the multi-gen housing market. “In Asian and Hispanic cultures, multigenerational living is usually the rule. As these immigrants move to the U.S. in greater numbers, they bring the trend along with them,” Olick suggests.

Burns Consulting surveyed 20,000 homebuyers last year and found that 44 percent said they wanted room for their parents. Forty-two percent were parents wanting room for their adult children.

Thinking about moving in with your kids or your parents? Read on for some tips gleaned from the 51 million Americans who have done it.

Home shopping tips

The most important aspect to consider when shopping for a multi-gen property is privacy. Each member of the family should have some space to call his or her own that provides a place to retreat. This may mean building an “in-law” unit or constructing new walls to divide rooms.

You’ll need to look into the local zoning laws if you choose the former or find a large home to take advantage of the latter.

Lucky you if you choose a community in which home builders are catering to the trend. Lennar, for instance, offers NextGen homes, also known as The Home Within a Home®. They’re currently offered in 13 states (Washington, Oregon, California, Nevada, Arizona, Colorado, Texas, Minnesota, Florida, North and South Carolina, Virginia and Maryland).

The money stuff

Yes, it’s uncomfortable, but the financial aspect of the home purchase and ongoing costs are a discussion that needs to take place early in the process. And, the discussion should not be “a parent-kid thing,” according to John Graham, co-author of “All in the Family: A Practical Guide to Successful Multigenerational Living.”

He goes on to caution that families should aim to “level the hierarchy of the family,” treating each member as adults. Some of the topics of these conversations should include:

  • Who will buy the property?
  • How will title be held? It’s important to understand the different ways of holding title. For instance, what happens to the home upon the death of the primary buyer?
  • How much will each adult contribute each month to the mortgage payment?
  • Lists of each family member’s must-haves in a home and those he or she can’t tolerate.

Talk to your attorney to ensure you’ve discussed all the ramifications.

Talk to one another

Some families excel at open communication while others find it challenging. “The biggest factor in successful arrangements is communication,” Donna Butts, executive director of Generations United tells Sue Campbell, author of “The Aging Well Revolution: How new communities and technologies help us live.”

“You need to sit down before someone moves in and talk about expectations and parameters, including how you’ll divide up food, utilities and responsibilities. Another important question to ask is whether the situation is permanent or temporary,” Butts concludes.

Get clear on mutually-agreed upon house rules, preferably before everyone moves in together.

Dysfunctional families may find the thought of multigenerational living intolerable, but for those families who enjoy close ties and harbor respect for one another, it may just be the ideal lifestyle.

Get Help With Your Down Payment

It’s frustrating to have a decent-paying job, a bright earnings future and acceptable credit and still not be able to buy a home because you lack the thousands of dollars in cash needed for a down payment and closing costs.

The dreaded down payment stops more potential homeowners cold than any other aspect of the loan process.

To read articles about down payment headaches one would think it’s only millennials who have trouble coming up with the funds.

In reality, most would-be first-time homebuyers, regardless of age, find saving up 20 percent of hundreds of thousands of dollars challenging.

Sure, you may qualify for a loan with a lower down payment, but do you really want to add to your monthly house payment by purchasing the mandated private mortgage insurance policy? That’s what’s required if you don’t have 20 percent equity in a home you purchase.

Today, we’ll explore ways you can get help with the down payment on your new home.

Crowdfund your down payment

Enter, HomeFundMe CMG Financial, which offers a brilliant way for you to come up with that down payment: Crowdfunding – with the approval of Fannie Mae and Freddie Mac.

Before the crowdfunding concept came into being, lenders stipulated that your down payment and closing cost funds must come from your savings (mutual funds, stocks, IRA and 401(K) included), proceeds from the sale of another property, assistance from government programs or non-profits, union, employers or gift money from an immediate relative.

HomeFundMe allows anyone to donate funds to help you buy a home and CMG Financial provides the online platform.

While many crowdfunding endeavors offer a return on investment, the HomeFundMe program returns nothing to those who give. Money given is considered a gift, although they can make the gift conditional on the money eventually going to fund a home purchase.

The program offers incentives to savers, however. Attend credit counselling and education classes and you may receive a grant of up to $2,500. Then, the crowdfunding platform will match donations “$2 for every $1 raised, up to $2,500,” according to CNBC’s Diana Olick.

Get help from the government

The government, from local to county, state and federal, offers programs to help Americans get into home ownership. Some of these programs are geared toward the low-income applicant while others are open to all.

Federal Home Loan Bank

The Federal Home Loan Bank offers three programs to help homebuyers with their down payments and closing costs:

  • Home$tart® — Assistance up to $7,500 for borrowers who take the homebuyer education program and earn up to 80 percent of their area’s median income (find yours on HUD’s website). Unlike the aforementioned programs, these funds come in the form of a grant.
  • Home$tart Plus — $15,000 to borrowers who are currently receiving public housing assistance. Borrowers must complete a financial literacy program and be income qualified.
  • Native American Homeownership Initiative (NAHI) — $15,000 to eligible Native American households to help with a down payment and closing costs.

Good Neighbor Next Door

This program falls under the auspices of the United States Department of Housing and Urban Development (HUD) and offers a discount (typically 50 percent) off the asking price of a home. The program is open to applicants in the following professions:

  • Pre-Kindergarten through 12th grade teachers
  • Law enforcement officers
  • Emergency medical technicians
  • Firefighters

Be aware that this program only covers homes in HUD’s revitalization areas that are listed for sale through this program.

Learn more about the program and how to apply on HUD’s website.

State and local programs

FHA offers state-wide down payment grants through a variety of programs. Search for them here.

Search for local programs at Freddie Mac’s website.

The National Association of Local Housing Finance Agencies (NALHFA) suggests using downpaymentresource.com to find information on local assistance programs.

provides local-level program information.

Finally, several labor unions, such as the Culinary Union, offer homebuying assistance programs for members.

3 Words You Must Learn And Understand Before You Buy A Home

When you’re shopping for homes you’ll be introduced to an entirely new vocabulary and I’ll be the first to agree with you that some of it seems downright boring. Take encroachments and easements, for instance.

Though they sound ho-hum, they are both important concepts so today I thought I’d try to put them in plain English for you.

What’s an encroachment?

Encroachment describes the violation of a homeowner’s property rights. Imagine your next-door neighbor, Frank, decides he is tired of having only a carport and builds a garage. When complete, the structure extends onto your property. This is encroachment.

Encroachment can be intentional or unintentional

And, typically, it’s the latter. Unless you are absolutely sure where your property lines are — down to the inch — you’ll have no way of knowing if you’re encroaching on your neighbor’s property when you decide to plant that gorgeous oleander hedge between the two homes.

And, an easement?

In Hawaii, all beaches are publicly-owned and the public is ensured access to all “land below the high-water mark on any coastal shoreline.”

In other words, should you purchase a home on a beach in our 50th state, you cannot block the public from using that beach. In Kahala (on Oahu) for instance, you’ll find pathways that cut between multi-million- dollar homes, from Kahala Avenue to the water.

These paths are public rights-of-ways, or easements — allowing others to travel or pass through their land. And the homeowners on either side have no say in the matter.

The primary distinction, then, between encroachments and easements, is one of permission.

How to deal with encroachment — and why you must

When an encroachment comes to light, both parties have options. Remember Frank – the neighbor who built his garage partially on your property? Suppose this happened decades before you figured out that he had encroached on your property.

You approach Frank, voicing your displeasure. Your most common options include ignoring the trespass, forcing the removal of the garage, offer Frank an easement or have him sign an encroachment agreement.

All of these remedies require the advice and assistance of an attorney

What if Frank doesn’t like any of these options? He may have one of his own (and you won’t like it): adverse possession.

Yes, another ho-hum real estate/legal term, but one that has a huge impact, if invoked. Through the adverse possession process, Frank may be able to gain ownership your portion of the land on which the garage sits.

In fact, adverse possession can be used to gain ownership of “just a few feet of property or hundreds of acres,” according to Emily Doskow, attorney and author of “Neighbor Law: Fences, Trees Boundaries & Noise.”

Although state laws vary, Doskow says that courts generally apply a “four-factor test” when looking at adverse possession claims. The occupation of the land must be:

  • hostile
  • actual
  • open and notorious
  • exclusive and continuous for a certain period of time

Courts don’t define “hostile” the way we do. In an adverse possession case, it describes that Frank’s possession of your land is hostile to your interests.

Then, the courts will want to see that Frank actually used your land as if he were the owner.

He can prove this, according to Doskow, if he can produce records showing he maintained or improved the property or paid taxes on it.

The third factor of the test is that Frank’s use of your property must be obvious “to anyone – including a property owner.”

Finally, Frank must prove that he controlled the land exclusively (meaning he didn’t share it with you) and that he did so for certain amount of time (which varies by state).

How to avoid adverse possession

When determining how to deal with encroachment, it’s important to keep Frank’s option in mind.

Your best option, in any type of encroachment, may be to either offer to rent the offender that piece of your property or grant him an easement.

But, it’s critical that you contact a real estate attorney who will help you consider all possible options. And do it quickly because there is a statute of limitations.