Adjoining Landowners Encroachment

To begin, you can discuss it with your neighbor, and you really ought to do so if you can help it. It’s possible that he’ll be able to shift the building, or you may come up with another plan altogether. If you can find a way to settle any disagreements outside of court, you can save money on legal bills and avoid the stress of having to hire lawyers and appear in court. If you and your neighbors come to the conclusion that the encroachment should remain in place, you might want to think about providing your neighbor with written authorization to use your land. A later allegation of eminent domain may not be successful if this is done.

If your neighbour is either unable or reluctant to eradicate the encroachment from his property, but is otherwise receptive to finding a solution to the problem, you may want to explore selling the property to him that has been encroached upon. Both you and your neighbor will benefit from this arrangement: you will receive compensation for the destruction of your property, and your neighbor will have unimpeded access to the land. Before going through with a sale of this nature, it is recommended that you get in touch with your mortgage lender in order to confirm that all of the land documents have been kept current and accurate. You may need the assistance of a real estate lawyer in your area to organize all of these documents.

In most cases, a person is considered to have committed trespassing when they enter the property of another individual without their permission. On the other side, the term “encroachment” refers to a building or any other kind of physical object that improperly protrudes into the territory of another person or organization.

Home ownership necessitates the commissioning of field and asset surveys at some point. Not only do they contribute to the determination of the value of the property, but they also contribute to the establishment of the property boundaries and limits. These surveys are going to be carried out by trained professionals that specialize in surveying. When a homeowner applies for a mortgage, the lender typically requires them to get a survey because they want to make sure the loan amount is appropriate for the worth of the property. Property owners have the ability to commission surveys at any time, but it is especially important to do so in the event of a boundary dispute or encroachment. When someone crosses the boundaries that have been outlined in a survey, they have committed the act of encroachment and are in violation of the property ownership of some other property owner. Trespassing, or the act of invading the property of another person without first obtaining their permission, is analogous to encroaching on that person’s land without their knowledge. If a homeowner constructs a new structure, adds to an existing building, or extends their fence beyond the legal borders that separate both properties, then they are said to have encroached on their neighbor’s property.