Things To Do When Neighbors Encroach On Your Property

It may be hard to believe that mistakes happen if it comes to property boundaries nowadays. We've got computers and complicated assessment tools that can recognize even the smallest differences with incredible precision. Notwithstanding all this technology, your neighbor's newest building project might still be built beyond property lines. Come into the wonderful world of property and encroachment laws.

When a neighboring piece of property overhangs into property you own, this is the American property law concept known as encroachment. It can be just about anything that is actually doing the encroaching. Culprits include trees, building parts, wooden or wire fencing and other types of fixtures. Whatever the reason is, the object is using up area on two pieces of property when it only has a legal right to be on one.

Deliberate encroachments are known to occur. You can clearly see how this might be the situation if you and your neighbor do not get along. In other instances, it's a governmental encroachment, given legal mandate by a zoning law or permit.

Once your property has been encroached upon, there are several actions you can take. Initially, you can always attempt being polite. Request that the encroachment be removed or suggest that the neighboring landowner pay rent for the land which they are encroaching. If the encroaching landowner is unaware of the encroachment, they may very well be willing to comply in order to rectify the problem. If you're willing, the land that has been encroached upon could be finally sold, as well. If you're unsuccessful in that regard, you could also request that a court forces the neighbor to eliminate the object by way of a court order.

Bear in mind that in many countries, encroachment is governed by unfavorable possession laws. The land will thus be converted into the property of the encroaching landowner if nothing is done during a certain timeframe and if the encroachment meets certain criteria such as it being open and notorious. You also have to bear these laws in mind if you haven't done something to get rid of the unacceptable encroachment. Simply talking to the encroaching landowner will probably resolve the problem in most instances.

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