Erroneous property boundaries are issues that are difficult to accept these days. We’ve got computers and complicated assessment tools that can distinguish even the smallest variances with incredible accuracy. Sometimes though, these aren’t enough to make certain that your neighbor’s newest building project hasn’t been built three inches on your property. That is where encroachment laws come in.
When a neighboring portion of property overhangs into property you possess, this is the American property law concept called encroachment. It can be just about anything that is actually doing the encroaching. Trees, a fence, part of a building structure or practically any other fixture could be the culprit. No matter what it actually happens to be, the object is located on two separately-owned properties without the consent of one landowner.
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Deliberate encroachments are known to happen. You can clearly see how this is likely to be the case if you and your neighbor do not get along. If a zoning permit gives them authority, the government is also able to encroach.
When your property has been encroached upon, there are a number of measures you can do. First, you can always try being polite. Appeal that the encroachment be eliminated or propose that the neighboring landowner pay rent for the land which they are encroaching. It isn’t uncommon for an encroaching landowner not to know they have encroached in the first place, so they will be happy to acquiesce to your terms. 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 a court order.
Encroachment is covered by unfavorable possession laws in many countries. Being open and notorious is just one of the conditions that need to be met by the encroachment in order for the property’s ownership to transfer to the encroaching landowners if the lawful owner of the land does not do anything within a certain timeframe. Bear 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.
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