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.
A legal concept found in American property law, encroachment happens when some portion of property from one landowner's land parcel overhangs into the property of another landowner. The encroaching structure can be pretty much anything. Some examples are trees, fencing, a portion of a building or any other imagination fixture. The object is taking up space on two pieces of property when it only has a legal right to be on one, whatever the case.
It's possible for the encroachment to happen purposefully. If you've had frequent conflicts with your neighbor, it's probably not difficult to see how this could happen. If a zoning permit gives them authority, the government can also encroach.
Once your property has been encroached upon, there are several actions you can take. First, you can always try being polite. Request that the encroachment be removed or suggest the adjoining landowner pay rent for the land upon which they are encroaching. Oftentimes the landowner might be unaware of the encroachment in the first place and be happy to comply. If you're willing, the land that has been encroached upon could be permanently sold, as well. If not, it is also possible to go to court in order to request a removal via court order.
You should also note that many countries choose to use adverse possession laws to deal with encroachments. The encroachment being open and notorious is just one of the criteria that needs to be met and can be if the lawful owner of the land does not do anything within a certain period of time. You also need to keep these laws in mind if you haven't done anything to remove the unacceptable encroachment. The best way to deal with an encroachment, by and far, is to speak with the landowner who is encroaching to come to a successful resolution, though.
A legal concept found in American property law, encroachment happens when some portion of property from one landowner's land parcel overhangs into the property of another landowner. The encroaching structure can be pretty much anything. Some examples are trees, fencing, a portion of a building or any other imagination fixture. The object is taking up space on two pieces of property when it only has a legal right to be on one, whatever the case.
It's possible for the encroachment to happen purposefully. If you've had frequent conflicts with your neighbor, it's probably not difficult to see how this could happen. If a zoning permit gives them authority, the government can also encroach.
Once your property has been encroached upon, there are several actions you can take. First, you can always try being polite. Request that the encroachment be removed or suggest the adjoining landowner pay rent for the land upon which they are encroaching. Oftentimes the landowner might be unaware of the encroachment in the first place and be happy to comply. If you're willing, the land that has been encroached upon could be permanently sold, as well. If not, it is also possible to go to court in order to request a removal via court order.
You should also note that many countries choose to use adverse possession laws to deal with encroachments. The encroachment being open and notorious is just one of the criteria that needs to be met and can be if the lawful owner of the land does not do anything within a certain period of time. You also need to keep these laws in mind if you haven't done anything to remove the unacceptable encroachment. The best way to deal with an encroachment, by and far, is to speak with the landowner who is encroaching to come to a successful resolution, though.
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