You might find it difficult to accept that boundary errors are made when it comes to your property. Computers and assessment tools are available and can precisely distinguish even tiny differences. Your neighbor’s latest building project might still end up being built on your property though, even with all this technology. Enter the amazing world of property and encroachment laws.
A legal concept instituted in American property law, encroachment happens when some part of property from one landowner’s land overhangs into the property of another landowner. It can be just about anything that is actually doing the encroaching. Trees, a fence, portion of an edifice or virtually any other fixture can be the culprit. The object is taking up space on two pieces of property even when it only has a legal right to be on one, whatsoever the case may be.
Sometimes, encroachments transpire purposefully. If you and your neighbor do not get along, you can easily see how this is likely to be the case. In other instances, it’s a governmental encroachment, given legal authority by a zoning law or permit.
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You have a few alternatives available to you if you encounter encroachment on your property. Make an effort at being diplomatic first. Request that the encroachment be eliminated or suggest that the adjoining landowner pay lease for the land which they are encroaching. Usually the landowner might be oblivious to the encroachment in the first place and will be glad to accede. You could also opt to sell the land being encroached upon to your neighbor. Seeking a court order can also solve the problem if you’re unsuccessful.
Encroachment is covered by adverse possession laws in many countries. 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 complies with certain criteria such as it being open and notorious. Keep this in mind if you think that you find the encroachment unacceptable but have not yet done something about it. Simply talking to the encroaching landowner will possibly resolve the problem in most instances.
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