Nowadays, it may be hard to believe that mistakes can be made regarding property boundaries. We’ve got computers and complex assessment tools that can recognize even the smallest differences with amazing precision. Your neighbor’s latest building project might still end up getting built on your property though, even with all this technology. Welcome to the world of encroachment.
A legal concept found in American property law, encroachment happens when some part of property from one landowner’s land hangs over into the property of another landowner. It can be pretty much anything that is actually doing the encroaching. Some examples are trees, fencing, a part of a building or any other fixture. Whatever the case is, the object is taking up space on two pieces of property when it only has a legal entitlement to be on one.
Sometimes, encroachments happen deliberately. If you’ve had frequent conflicts with your neighbor, it’s not hard to see how this could transpire. If a zoning permit gives them authorization, the government can also encroach.
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When your property has been encroached upon, there are a number of measures you can do. Initially, you can always attempt being polite. Appeal 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 accede in order to correct the problem. If you’re willing, the land that has been encroached upon could be permanently sold, as well. If you’re a failure in that regard, you could also request that a court forces the neighbor to remove the object by way of a court order.
Bear in mind that in many countries, encroachment is covered by adverse possession laws. This signifies that if the encroachment complies with certain criteria, as in it being open and notorious, the land will become property of the encroaching landowner if nothing is done during a particular period of time. You also need to keep these laws in mind if you haven’t done anything to remove the intolerable encroachment. Simply talking to the encroaching landowner will possibly resolve the problem in most instances.
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