You mean an encroachment.

Who built those improvements without surveying to determine the true property line?

Was title insurance issued on any of this? Were there exceptions, if so?

You use the word 'appears to'.
So first, someone needs to find out if appearance is reality or deceiving.

Again, there should be some kind of a setback. Who got a building permit for those improvements that may encroach on another property owner?

I don't know the answers but I think I've got you started on some of the questions. LOL

When an issue like this is raised in my area a call to my title representative usually is my "go to" place.

No, but you can claim encroachment because of property line is a property line regardless of the fence line.

You can claim anything you wish. Going to court to get an order can be a very expensive process. Why not just sort things out with the neighbor?

I think you mean encroachment but, I would seek the advice of an attorney.

This needs to be sorted out before your client sells the property.  It could come back to haunt them later if not.

See an attny, my opinion would be yes, but only a judge can actually make that determination.

If there's an encroachment, there's an encroachment. It has nothing to do with which side of the wall something is on.

It is not a matter of claiming encroachment. Anything built buy neighbor a that is on neighbor b's property is automatically an encroachment and could be a issue when neighbor b tries to sell.

Get a new survey to determine if there is an encroachment.

I would talk with a title company and perhaps also an attorney

The wall and the property line are 2 different things. I would go by the property line.

Legal question and should be posed to an attorney experienced in such issues.

Seek legal counsel or title agent.  Good luck with Pre-license classes, Brett Johnson 

Hmmm, The Wall, as proposed, will be built on a flood water retaining wall leaving up to 1 mile of real estate on the other side. Can Mexico expand their sovernty to the vacated side of the river?

OH, wrong wall.

The party who can afford the most legal representation will prevail. Those who did not respect the value of a survey will end up paying. You know, that justice for all thing.

Thisn is a legal question I wouldn't want to answer. I do know details about it.

Great question for a real estate attorney in your area. 

That’s a five yard penalty

You can sure claim it, but first you will need a survey, then determone the length of time it has been that way, then to be at ease, use a real estate attorney to take care of it properly

Good question, my standard answer is of course to get a survey.  If there is encroachment contact an attorney

Ask an attorney.  

You can make something out of this but why would you want to?

Brett Johnson , I assume you are a Real Estate professional (I didn't read your Bio) thus you must know that this is a question that an attorney has to answer and it would be illegal for us to answer it.

Good luck.

John Juarez gave you the answer...nothing I can add.

I believe Candice A. Donofrio & Thomas J. Nelson, Realtor, ePRO, CRS, RCS-D summed up your answer for you. Consult an attorney on the next steps. 

This would be best directed to a lawyer in your area.  I have fences all along my back property line that are on my side of the line, simply because a surveyor would have cost $8k (starting bid) and the fence was $2500.  I have a gate in the fence so I can still use that extra inch of my property.  Just because I built that fence there doesn't mean is cede my interest in the remaining property to the neighbor.

If the neighbor built something that encroached on my property line, I'd either:

1. Have them remove it
2. Sell them that land at a pretty penny
3. Rent them that land at a pretty penny

that will all surface when someone wants to sell.... it's a pool and that doesn't mean the person whose land is infringed upon now owns the pool...no no.... the reasonable option would be to sell an easement to the owner of the pool for that sliver....you own it but he now has the legal right to use it only for his pool.... once the pool goes, the easement is no longer valid....

All kinds of claims can be made. We see this all the time in courts. The question is ... will it stand up in court? What will it cost to make the claim? Are there better solutions to resolve ... is there really a problem that needs to be resolved. 

Agree with Candice A. Donofrio 

It is an encroachment. Given the circumstances a title company may be willing to,issue an encroachment note. A survey will be required.

In our area if you do not have a written understanding after 10 year that partial property belongs to the owner who put the fence up.

Yes, the neighbor is encroaching and you may be able to take legal relief.

An encroachment would be more the answer.

Candace hits it full bore