by Adam Ciboch


It may be difficult to believe that mistakes can be made when it comes to property boundaries in this day and age. Computes and assessment tools are all available and can accurately distinguish even tiny differences. Your neighbor's newest building project might still end up getting built onto your property, though, despite all this technology. Enter the wonderful world of property and encroachment laws.

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.

There are several actions you can take once your property has been encroached upon. Try being polite first. Options include requesting that the encroachment be removed or that the adjoining It isn't uncommon for an encroaching landowner not to realize they've encroached in the first place, and then they'll be happy to agree to your terms. Another option is to permanently sell the land to your neighbor, if you're willing. If you're unsuccessful in that regard, you could also request that a court have the neighbor remove the object by means of a court order.

Be aware that in many countries, encroachment is governed by adverse possession laws. This means that if the encroachment meets certain criteria, such as it being open and notorious, the land will become property of the encroaching landowner if nothing is done during a certain period of time. Keep this in mind if you decide that you find the encroachment unacceptable but have not yet done anything about it. In most instances, simply speaking to the encroaching landowner will probably resolve the problem, though.




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