Surveyors are responsible for completing the RPR, but they do not determine if the property is compliant. You have to go to your municipal authority, in person, to obtain a compliance stamp.
If a structure encroaches on adjoining property, you and the adjoining owner may enter into an encroachment agreement. In order to do so, the owner of the other property has to agree to allow the encroachment. The parties register the agreement on their property titles. If a structure is too close to the property boundary or over an easement or utility right-of-way, your municipality may grant a relaxation to allow it to remain.
This will usually require a relaxation permit, for which your municipality will have to conduct a further review and may require additional information such as photos of the structure and an extra permit fee.
If the municipality does not grant the relaxation, you may have to move or remove the structure. As part of the sale, the buyer or lender may require a holdback of part of the purchase price or mortgage proceeds until you have a relaxation permit. If you cannot resolve non-compliant issues before the sale closes, title insurance may be an option to enable the sale to close on time.
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