Encroached Upon: How to Handle Overhanging Property

Erroneous property boundaries are issues that are difficult to believe these days. Computers and assessment tools are accessible and can accurately distinguish even tiny differences. Occasionally though, these aren’t sufficient to ensure that your neighbor’s latest building project hasn’t been built three inches onto your property. Come into the amazing world of property and encroachment laws.

If a neighboring piece of property overhangs into property you own, this is the American property law concept known as encroachment. The actual structure that is encroaching can be almost anything. Trees, a fence, part of an edifice or practically any other fixture can be the culprit. The object is taking up space on two pieces of property even if it only has a legal entitlement to be on one, whatsoever the case may be.

Sometimes, encroachments transpire purposefully. You can clearly see how this is likely to be the situation if you and your neighbor do not get along. The government may also encroach, if a zoning permit gives them authorization.

You have several options available to you if you encounter encroachment on your property. These options are as the following:

First, you can always try being diplomatic. Options include requesting that the encroachment be eliminated or that the adjoining landowner pay rent on the portion being encroached. It isn’t unusual for an encroaching landowner not to know they have encroached in the first place, so they will be happy to acquiesce to your conditions. 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 so that you can request a removal through a court order.

You must also note that many countries opt to use adverse possession laws to deal with encroachments. The land will consequently become the property of the encroaching landowner if nothing is done during a certain period of time and if the encroachment meets certain criteria 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. The best way to deal with an encroachment, so far is to talk with the landowner who is encroaching so as to come to a successful solution. It is always better to salve encroachment problems by talking with landowner who has done encroachment. If it does not work then above mentioned options can be followed.

6032252