When field surveys and the title search establish conflict in title, grantors should include in the parcel conveyance a quitclaim covering the specific conflict area. This is accomplished by a clause, similar to the following, included in the deed after the general warranty clause and preceding the signature block. Land interests created by encroaching improvements may also be acquired by using such a clause:

"And for the same consideration described above, and upon the same conditions, Grantors do hereby bargain, sell, and quitclaim unto the State of Texas and its successors and assigns forever, all of Grantors' rights, title, and interest in and to XXXXX in the City of XXXXXXX, Texas, together with all and singular the rights and appurtenances thereto in anywise belonging.”

If the property owner is to retain ownership of an encroaching improvement, then the improvement is to be listed in the improvement clause in the deed

and

in the MOA.

Occasionally, improvements that encroach on an abutting property belonging to another owner are encountered. Such an encroachment may occur for a number of reasons. Common examples include errors made in building improvements and unknown boundary lines. By personal contact with the appropriate parties at the mapping or appraisal stage, it is possible to establish ownership of the encroaching improvement. Such ownership should be agreed upon by the involved property owners. This permits correct appraisals and appropriate payments to be made. It is necessary to extinguish any and all interests abutting property owners may have to the improvement that encroaches on their land, and to the land involved in the state's acquisition.

Where improvements encroach upon existing public right of way, a conveyance or quitclaim will be necessary only when the improvement owner has an interest in the land used for right of way. Adverse possession and prescriptive rights do not run against the state. Encroachments located within the proposed right of way are best handled by simultaneous closings of the parcels involved. However, if the parcels are not closed simultaneously, the right of way deed for the parcel to be purchased must be supported by a quitclaim deed from the adjoining owner quitclaiming any interest he may have acquired, due to the encroachment, in the land deeded to the state.

When the misplaced improvement is wholly located on the land of another owner and inside the proposed right of way line, it is necessary for the improvement owner to quitclaim any interest he has in the adjoining owner's land, on which the improvement is wholly located. If, during negotiation for his property, it is determined that the owner of the misplaced improvement is to be paid by the state for the improvement, and there is not a simultaneous closing, the owner of the adjoining land on which the misplaced improvement is either partially or wholly located, should disclaim any improvement interest. This may be done by execution of an instrument granting right of entry to his land by prospective bidders, or for improvement removal.

Another difficulty that may be encountered is an encroachment that is partially outside the right of way line. This will require an instrument granting right of entry, and including a disclaimer from the adjoining owner if title to the improvement is to pass to the state.

If an improvement is jointly owned, the owners must either retain the improvement or concurrently convey full title to the state. The state will not acquire a partial interest anticipating future acquisition of the remaining improvement interest.

If a problem involving encroachments is encountered which is not covered in the foregoing paragraphs, submit the problem in detail, along with necessary maps or sketches, to the ROW Attorney in the designated area for review and guidance.