In real estate, encroachment happens when a property owner either knowingly or unknowingly builds on or extends a structure onto a neighbor’s land. This can lead to issues along contested property lines, making it crucial to grasp property rights and ensure that properties are surveyed and clearly marked.
If encroachment takes place, property owners should first try to talk it out with the person encroaching to settle the disagreement. If that doesn’t work, they can take legal action.
Understanding about Encroachment
Property and land surveys play a crucial role in homeownership. They not only help in assessing property value but also in defining property lines and boundaries. These surveys are carried out by professional surveyors. Many homeowners get their first survey when they apply for a mortgage since lenders need them to confirm that the loan amount aligns with the property’s value. Property owners can request surveys whenever they feel the need, particularly during disputes or when there are encroachments on their property lines.
Encroachment happens when someone crosses legal property boundaries, infringing on another property owner’s rights. It’s similar to trespassing, which means entering someone else’s land without permission. A homeowner encroaches when they construct, add, or extend a structure beyond their legal property limits.
Some property owners intentionally encroach by crossing property lines. For example, if someone builds a fence or adds to their home while knowing the property lines, they are doing it on purpose. However, most encroachments are accidental, occurring when owners are either unaware of or misinformed about their boundaries. For instance, a property owner might unintentionally encroach on a neighbor’s land by letting a hedge or tree limb extend past their property limits.
Structural encroachment takes place when an owner builds or extends structures onto private property or public spaces, like sidewalks or roads. Typically, sidewalks and residential streets are considered public property managed by the municipal government. This means that if a property owner constructs a driveway or plants landscaping—like trees, bushes, and flowers—that encroaches on public property, the government may remove those structures. Additionally, the property owner might not receive any compensation for damages resulting from the removal of these structures.
The Example
A typical case of encroachment is when someone puts up a fence. If a property owner builds a new fence without knowing exactly where the property line is, they might accidentally end up placing the fence on their neighbor’s land.
Conclusion
Encroachment in real estate usually means there are arguments over the boundaries that separate neighboring properties. Sometimes, one neighbor might accidentally encroach on another’s land, but there are instances where it could be on purpose if the person thinks they have a claim to that land.
Land surveys can resolve most property disputes and are a great way to prevent issues if done before starting any construction near a property line. Occasionally, an easement allows for agreed access to part of a property; however, easements typically only grant access and not any permanent changes.
To steer clear of encroaching on someone else’s property or to stop it from happening, homeowners should get surveys done and have their property lines clearly marked. This way, neighbors can respect each other’s legal boundaries and keep good relations.