What best describes a "de minimis structure position discrepancy" in real estate?

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A "de minimis structure position discrepancy" refers to minor encroachments that are typically so small that they do not significantly impact property rights or usability. The term "de minimis" is a legal concept that indicates something that is too trivial or minor to merit consideration.

In real estate, a discrepancy of up to three inches generally falls into this category, meaning it is a slight encroachment that usually does not warrant legal action or significant concern. Such minor differences are often considered negligible because they do not noticeably affect the ownership or value of the property, making them less likely to lead to disputes between neighboring property owners.

This contrasts with larger discrepancies or outright encroachments, which can lead to legal issues, disputes, or require rectification measures. For instance, an overhanging roof extending beyond property boundaries or structures that extend significantly onto a neighboring property represent more substantial issues that could lead to conflicts or require formal resolutions. Therefore, identifying a minor encroachment of up to three inches as a de minimis structure position discrepancy accurately captures the essence of the term in real estate contexts.

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