Erroneous property boundaries are issues that are hard to believe these days. The smallest of differences can be accurately recognized with property assessment tools and computer technology. Despite all this technology, your neighbor’s latest building project might still be built over property lines. Enter the amazing world of property and encroachment laws.
Encroachment is a legal concept found in property law where a portion of property located in one landowner’s parcel of land hangs over into another landowner’s property line. The encroaching structure may be just about anything. Trees, a fence, portion of a building structure or practically any other fixture could be the culprit. No matter what it actually happens to be, the object is situated on two separately-owned properties without the consent of one landowner.
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Deliberate encroachments have been known to occur. You can clearly see how this is likely to be the case if you and your neighbor do not get along. The government can also encroach, if a zoning permit gives them authorization.
Once your property has been encroached upon, there are a number of actions you can do. Try being diplomatic at the outset. You can always ask for lease on the area of your land being encroached or, as an option, just simply request your neighbor to remove the object or structure. Oftentimes the landowner might be oblivious to the encroachment in the first place and will be glad to comply. 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 eliminate the object by means of a court order.
Be aware that in many countries, encroachment is governed by unfavorable possession laws. The land will thus be converted into the property of the encroaching landowner if nothing is done during a certain timeframe and if the encroachment complies with certain conditions such as it being open and notorious. Keep this in mind if you decide 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 cases.
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