Encroachment onto Your Property and How to Handle It
In this day and age, it may be difficult to believe that mistakes can be made with respect to property boundaries. We've got computers and complicated assessment tools that can distinguish even the smallest differences with incredible accuracy. Sometimes, though, these aren't enough to ensure your neighbor's newest building project hasn't been built three inches onto your property. Welcome to the world of encroachment.
When a neighboring piece of property overhands into property you yourself own, this is the American property law concept called encroachment. It can be pretty much anything that's actually doing the encroaching. Culprits include trees, building portions, wooden or wire fencing and other types of fixtures. Whatever it actually happens to be, the object is spread out over two property boundaries without the permission of one landowner.
Sometimes encroachments happen purposefully. If you and your neighbor don't get along, you can probably easily see how this might be the case. In other instances, it's a governmental encroachment, given legal authority by a zoning law or permit.
You have a few options available to you if you encounter encroachment onto your property. The first thing you can try is to be tactful. You can always ask for rent on the portion of your land being encroached or, in the alternative, just simply ask your neighbor to remove the object. If the encroaching landowner is unaware of the encroachment, they may very well be willing to comply to rectify the problem. You could also choose to sell the land being encroached upon to your neighbor, as well. Seeking a court order could also solve the problem if you're unsuccessful.
Encroachment is governed by adverse possession laws in my countries. The land will consequently become property of the encroaching landowner if nothing is done during a certain period of time, if the encroachment meets criteria, such as it being open and notorious. If you haven't done anything about an encroachment onto your property that you find unacceptable, you must keep these laws in mind. Simply speaking to the encroaching landowner will probably resolve the problem in most instances, though.
When a neighboring piece of property overhands into property you yourself own, this is the American property law concept called encroachment. It can be pretty much anything that's actually doing the encroaching. Culprits include trees, building portions, wooden or wire fencing and other types of fixtures. Whatever it actually happens to be, the object is spread out over two property boundaries without the permission of one landowner.
Sometimes encroachments happen purposefully. If you and your neighbor don't get along, you can probably easily see how this might be the case. In other instances, it's a governmental encroachment, given legal authority by a zoning law or permit.
You have a few options available to you if you encounter encroachment onto your property. The first thing you can try is to be tactful. You can always ask for rent on the portion of your land being encroached or, in the alternative, just simply ask your neighbor to remove the object. If the encroaching landowner is unaware of the encroachment, they may very well be willing to comply to rectify the problem. You could also choose to sell the land being encroached upon to your neighbor, as well. Seeking a court order could also solve the problem if you're unsuccessful.
Encroachment is governed by adverse possession laws in my countries. The land will consequently become property of the encroaching landowner if nothing is done during a certain period of time, if the encroachment meets criteria, such as it being open and notorious. If you haven't done anything about an encroachment onto your property that you find unacceptable, you must keep these laws in mind. Simply speaking to the encroaching landowner will probably resolve the problem in most instances, though.
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