Erroneous property boundaries are issues that are difficult to believe these days. Computers and assessment tools are accessible and can precisely distinguish even tiny variances. Notwithstanding all this technology, your neighbor’s latest building project might still be built beyond property lines. Welcome to the world of encroachment.
Encroachment is a legal view found in property law where a portion of property situated in one landowner’s parcel of land overhangs into another landowner’s property boundaries. The encroaching structure can be just about anything. Culprits include trees, building portions, wooden or wire fencing and other types of fixtures. Whatever the reason is, the object is taking up area on two pieces of property when it only has a legal right to be on one.
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Deliberate encroachments have been known to occur. If you’ve had frequent conflicts with your neighbor, it’s not hard to see how this could happen. In other circumstances, it’s a governmental encroachment, given legal authority by a zoning law or permit.
When your property has been encroached upon, there are a number of measures you can take. Initially, you can always try being diplomatic. Request that the encroachment be removed or propose that the adjoining landowner pay rent for the land which they are encroaching. It isn’t uncommon for an encroaching landowner not to realize they have encroached in the first place, so they will be glad to agree to your conditions. You can also choose to sell the land being encroached upon to your neighbor. If not, it is also possible to go to court in order to appeal a removal via a court order.
Be aware that in many countries, encroachment is covered by unfavorable possession laws. The land will consequently be converted into the property of the encroaching landowner if nothing is done within a certain period of time and if the encroachment meets certain conditions such as it being open and notorious. You also have to keep these laws in mind if you haven’t done something to remove the unacceptable encroachment. In most instances, simply talking to the encroaching landowner will probably resolve the predicament.
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