Agreement As to Encroachment of Wall

When an encroacher, who could be a neighbor or a lawbreaker, publicly utilizes a fraction of your estate without your understanding or permission, a normative alternative route is created. This easement gives the encroacher the lawful authority to use your land if their encroachment is not reported for an extended period of time. The rules in your state will dictate the timeline as well as the particular requirements that must be met in order to convert an incursion into an easement.

Homeowners should invest in a survey of their property and land. In addition to aiding in property valuation, they are also useful in establishing legal borders. These assessments must be carried out by professional surveyor. Because mortgage providers need to make sure the loan amount is commensurate with the value of the home, many people have their first assessment when they obtain a mortgage. Surveys are a service that property owners can request at any time, but especially if there is a boundary dispute or encroachment. A survey delineates the legal limits of a property, and encroachment occurs when one party crosses those lines without permission. Breaking and entering, or encroaching, is the act of accessing the land of another without that person’s permission. When a person constructs a new building, adds onto an existing one, or extends a fence beyond the legally delineated limits between their property and their neighbor’s, they have encroached on their neighbor’s land. Some homeowners deliberately cross onto neighboring land. A fence or addition built by someone who is aware of the property lines is an act of willful trespass. However, most instances of encroachment occur unintentionally, as a result of a property owner’s ignorance or inaccurate information on statutory borders. When a homeowner allows a hedge or tree branch to grow over the property line, for example, the plant invades the neighbor’s space accidentally. When a homeowner expands or constructs a building onto common areas like streets or sidewalks, they are committing structural encroachment. Pedestrian walkways and private streets are typically considered public land and are therefore held by the local municipality. If a driveway or other landscaping features (such as plants, flowers, and trees) are constructed on private property and extend onto a public right-of-way, the government may order their removal. In addition, the owner of the property may not be compensated for any losses incurred as a result of the demolition of the owner’s buildings.

Each party’s signatures on the Easement must be recognized by a Notary Public before it can be considered legally binding.

In the absence of a specific termination clause in the easement deed itself, an easement may expire when the original function for which it was granted is no longer served or when the asset holder gives up the easement.