Deed to Strip of Land on Which Wall Encroached

A demand that is made against a piece of property by a party who is not the owner of the property is known as an encumbrance. Both the ability to freely use the property and its ability to be transferred can be hindered by an encumbrance. Encumbrances do not always take the form of monetary obligations; rather, they can take the form of limits on the use of property or easements. Any stake in the land that weighs or diminishes the homeowner’s worth or clear title might be considered an encumbrance for the asset. The term “easement” originates from the realm of real estate and refers to a situation wherein one person utilizes the land of other person, with the latter party being required to pay a fee to the former owner of the land in exchange for the right to exercise the easement. Easements are frequently acquired by regulated utility companies in order to secure the right to install powerlines or conduct tubes either above it or under private land. These rights are typically granted in exchange for payment in the form of an allowance. Rights of way, on the other hand, can have a detrimental effect on property prices, despite the fact that fees are paid to the landowner. One example of anything that can reduce the aesthetic impact of a land parcel is unsightly electricity lines.

The excellent thing is that there are several approaches to dealing with an intrusion. But before you start digging, make sure you know where the edges of your property are. You’re getting ready to talk to your neighbors, and you don’t want to start things off on the wrong foot by drawing the wrong borders. To begin, you can and should discuss the issue with your next-door neighbor. Perhaps he can relocate the building, or you can work out another solution. Avoiding litigation and finding a mutually agreeable solution outside of court will save you time, money, and stress. If you and your neighbor have decided to keep the encroachment, you may want to explore formally granting your neighbor permission to enter and remain on your property. This can help avoid a potential adverse possession claim down the road. Your neighbor may be able to remove the encroachment, but if he is reluctant or unable to do so, you may want to explore selling the property to him so that you can both move on. In this way, you can be compensated for the destruction of your business, and your neighbor can use the area without fear of retaliation. Before proceeding with such a sale, it is recommended that you check with your mortgage lender to ensure that all of the property records are up to current. Get assistance from a real estate lawyer in your area to complete these tasks.

Going to court to remove an encroachment is an option if all other methods fail. To get rid of an unwanted neighbor, you’ll typically need to provide evidence of two things:

1) your ownership of the land, and
2) the neighbor’s illegal use of the property.

A “quiet title” action is used to achieve the first objective, while a “attempts to break action” is used to achieve the second. It’s a long procedure that, unsurprisingly, doesn’t promote good relations with the neighbors. Unfortunately, things could get far worse if you were to lose. If your neighbor has been trespassing on your property for a long period, he may be able to file an adverse possession claim and win, or at least be granted some limited use of the land (known as a “prescriptive easement