what to do if someone is encroaching on your property

What Can You Do If Someone Encroaches Your Property?

• Talk To Your Neighbor. Your neighbor may be willing to move whatever is on your property over to theirs if it’s easily moveable, like a garden. …
• Sell The Land To Your Neighbor. …
• Go To Court.

Full Answer

How do I deal with an encroachment on my property?

A judge will be able to make a decision as to whether or not the encroachment is on your property if you take the case to court. You should also strongly consider speaking with an experienced real estate attorney who handles issues of property encroachment.

What happens if a neighbor encroaches on your property?

Whether the encroachment is intentional or not, the property owner is still liable for violating the contractual property rights of their neighbor. Structural encroachment occurs when a property owner unlawfully builds or extends structures onto their neighbor’s land without permission.

How do I find out how much of my property is encroached?

To get information about ownership, you need to: Have a survey —A licensed surveyor will physically discern the boundary of your and your neighbor’s property. They can also determine how much of your land is encroached Get an appraisal —The appraisal will give you information about the market value of your encroached property

Why hire a real estate attorney to resolve an encroachment matter?

Large amounts of money and a significant emotional attachment make exchanges about encroachment and other matters potentially volatile. Get resolution of your encroachment matter by working with a skilled, local real estate attorney today.

What is a legally valid encroachment?

If your neighbor builds something that's either partially or wholly on your property without an agreement, it's considered an encroachment. In fact, illegal encroachment problems that drag on for years may legally allow your neighbor to claim an adverse possession of said property.

How do you treat an encroachment?

Remedying Encroachments If the encroachment cannot easily be physically moved off of your property, one solution is to sell the portion of the land encroached upon to the trespassing neighbor. If the neighbor is uncooperative, you may want to consider filing an action in court, called a quiet title action.

What is the best way to determine if a neighboring property is encroaching on another?

To find this information, look at your property's deed or contact a land surveyor. If you think someone is encroaching on your land, you can also order a title search. This is helpful because it shows whether any easements or deeds have been granted prior to the new owner's ownership.

What is considered an encroachment?

What Is Encroachment By Definition? Encroachment in real estate is defined as one property owner violating their neighbor's rights by building or extending some feature and crossing onto their neighbor's property lines. Sometimes the encroachment is intentional.

What is the 7 year boundary rule?

So this is different from the so called 'Seven year rule' which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can't serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.

What if Neighbour encroaches on your property?

If you see an encroachment and want to proceed the legal way, you should approach the court for an order of injunction as per Order 39 (rules 1, 2 and 3) and claim the damages.

Can a Neighbour claim my land?

any evidence produced by your neighbour to suggest that they have been in occupation of the disputed land for 12 years or more without objection and which may now entitle them to claim ownership under the law of adverse possession.

What is the primary danger of allowing an encroachment?

What is the primary danger of allowing an encroachment? Over time, the encroachment may become an easement by prescription that damages the property's market value.

What if someone builds on my property?

File a suit for recovery of possession and injunction against the trespasser. Check your area in title deed , obtained a location sketch from village office as per revenue records and title deed.

What is the difference between easement and encroachment?

People often confuse encroachment is sometimes confused with easement. Both involve a property owner making extensions over their neighbor's property. While encroachments are the unauthorized use of the neighbor's property, easements are agreed upon by both parties.

Which of the following situations is an example of an encroachment?

It refers to a situation that needs to be negotiated, authorized, or taken to court. Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.

How can land encroachment be prevented?

How plot owners can prevent encroachmentKeep all your property documents safe.Ask your neighbours, if there are any in the vicinity, to keep an eye on the plot.In case of encroachment, report it immediately to the police.Hire a local lawyer to keep an eye on the property and manage it.More items...•

Are encroachments common?

Real Estate encroachment problems are common in Orange County and throughout Southern California. These problems can arise when one party begins to treat your property as though it were theirs. Sometimes this happens when a neighbor builds a wall or fence that encompasses a part of your property.

Is an example of indirect trespass?

Examples of trespass resulting from indirect entry include: depositing dirt or debris on another's property. b. diverting a river or surface waters across another's property.

What is an appraisal for encroaching property?

Get an appraisal —The appraisal will give you information about the market value of your encroached property

What to do if neighbor cannot agree?

If you and your neighbor cannot agree but don’t want to waste money on lawsuits, you can seek mediation from a neutral third party. This approach is less costly than going to court since you can avoid the attorney fees and related expenses.

What Is Encroachment?

Encroachment typically refers to building a fence or extending a structure beyond one's property line. It can be unintentional, but in most cases, your neighbor knows what they’re doing.

What is a title search?

Do a full title search —A title search will ensure that your ownership interest in the property doesn’t have any easements or deeds from previous owners. If a previous owner had a deal with your neighbor called an easement, it allows the neighbor to use that part of the property.

What to do if your neighbor isn't cooperating?

If your neighbor isn’t open to negotiation or cooperation, you can seek mediation or go to court. Going to court will require you to prove two matters: Your ownership of the property. Your neighbor’s improper use of your land.

Can neighbors move fences?

You can offer to sell the encroached part of your land. This will make matters easier for both of you. Your neighbor won’t have to tear down a shed, fence, or another object they built on your part of the land, and you’ll get compensation.

What to do if your neighbor is unwilling to remove encroachment?

This can prevent a later claim of adverse possession. If your neighbor is unable or unwilling to remove the encroachment, but is otherwise open to resolving the issue, you may wish to consider selling the encroached-upon property to him.

How to handle encroachment?

Fortunately, there are number of ways to handle an encroachment. However, before you do anything, make sure you know where the boundaries of your property are . You are about to begin discussions with your neighbors, and do not want to cause any ill will over mistaken boundaries. To begin with, you can, and probably ...

What is encroachment in a house?

Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property. You might decide that your neighbor's encroachment ...

How to prove that you own a property?

In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed . This first goal is accomplished through what is known as a "quiet title" action, while the second is done through what is often referred to as an "ejectment action.".

Do you have to disclose encroachment to neighbors?

You might decide that your neighbor's encroachment doesn' t bother you and do nothing about it. This option has the advantage of preserving good will between you and your neighbor. However, if you ever want to sell your property, you will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision.

How to find out where your property lines are?

You can get some basic information about your property's boundaries by visiting the county clerk's office. You'll need to request a subdivision plot map for your area. For most people, these documents are difficult to use. Thus, it may be better to hire a surveyor to determine the legal boundaries. Another option is to work with a real estate lawyer who can help with interpreting the subdivision plot map. In the end, you need to know if your neighbor has really intruded onto your property.

What happens if you don't settle a quiet title in Utah?

If you are unable to resolve the situation through negotiation, you may need to file a lawsuit. There are two preliminary showings before you can move forward with the case. You will have to show that you are the owner of the land in question, and that the other party's use is illegal. In legal terms, the applicable actions are quiet title and ejectment. In Utah, a quiet title action is described in Utah Code, Title78B, Chapter 6. Ejectment is a common law right in Utah as confirmed in cases such as Pingree v. Continental Group of Utah, Inc., 558 P.2d 1317 (Utah 1976). In any case, it is best to consult with an experienced attorney before taking legal action.

What Can I Do About Encroachment on My Property?

You have options for handling encroachment situations. They need not all end in bitter litigation.

How to handle encroachment?

Ways to handle encroachment: Define your property line with a formal survey. This course of action allows you to establish that you are making a good faith effort to ensure you really are dealing with encroachment. Negotiate, if you feel the other party is amicable.

What are some examples of encroachment issues?

Here are some common examples of encroachment issues you may encounter: Someone building directly on your property. Someone building a structure that extends onto your property. Someone routinely trespassing on property, whether for a particular purpose or not. Someone abusing a valid easement.

Can an easement be used to encroach on a house?

By definition, the former isn’t agreed upon. And yes, an easement may even be a solution to a potential encroachment, if appropriate.

Can you work it out between yourself and neighbor's property?

If, for instance, your property is between a popular destination and a neighbor’s property, you may have the legal right to work it out between yourselves and even make a profit off of your desirable location. But before you do anything like that…. Get at least one professional opinion.

Is an encroachment the same as an easement?

It shouldn’t take much imagination to see how a person abusing their simple access to an easement can make a homeowner’s life difficult. Encroachments and easements are not the same.

How to resolve encroachment?

If contractual rights are breached and encroachment occurs, steps can be taken to resolve the issue. 1. Talk to your neighbor. En croachment can be as small as overlapping gardens. Entering into a calm discussion with your neighbor can be the best step to resolving/correcting the issue. 2.

What is encroachment in law?

It refers to a situation that needs to be negotiated, authorized, or taken to court. Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.

What happens when a property owner unlawfully builds or extends structures onto their neighbor's land without permission?

Whether the encroachment is intentional or not, the property owner is still liable for violating the contractual property rights of their neighbor. Structural encroachment occurs when a property owner unlawfully builds or extends structures onto their neighbor’s land without permission.

What is structural encroachment?

Structural encroachment differs from regular encroachment. Steps can be taken to avoid potential encroachment and to resolve disputes if it occurs. To avoid legal claims, permits can be granted to temporarily or permanently encroach onto the city’s land.

What is an encumbrance in accounting?

It is used in public accounting to make sure that there are sufficient funds to meet certain obligation#N#is any claim, liability, or charge that is attached to or binding a property that directly affects the property’s value or obstructs the usage of the property.

What is an easement in real estate?

Similar to encroachment, an easement is a real estate situation where a property owner is given permission by their neighbor to enter, extend, or build structures on their piece of land. To receive permission, compensation is almost always involved. An easement can be as simple as receiving permission to walk through your neighbor’s yard.

What is an easement in gross?

Easement in Gross An easement in gross is a right allowing an individual to legally use a property owned by someone else. It is valid until the legal owner lives in or. Lien. Lien A lien is a legal right to claim a security interest in a property provided by the owner of the property to a creditor.

What is encroachment in real estate?

An encroachment refers to a situation where one property owner builds or extends something on their neighbor’s property. Often, encroachment is a problem along disputed property lines, where a person intentionally chooses to violate his neighbors’ boundaries.

What is the difference between an easement and an encroachment?

Here’s the key difference: Encroachment = unauthorized. Easement = authorized. With an easement, you don’t grant ownership of your land to another party.

What is an easement on a property?

Executing an easement giving you the right to continue using a portion of your neighbor’s property for a specific use. Executing a lot line adjustment to bring the encroachment onto your property. You may try to buy the land: Depending on what the encroachment is, it may not be simple to remove.

Why is it important to have a real estate lawyer?

Because encroachment issues involving property can become complicated, it is generally beneficial to have a real estate lawyer help you if you think you’re going to pursue legal action or if you’ve committed encroachment on your neighbor’s land.

How long does adverse possession last?

Although keep in mind, the following criteria must be in place for between 7 to 20 years (depending on the jurisdiction) for adverse possession to take place. Continuous:

Why do you need a survey before closing?

Mortgage lenders require you to get a survey to ensure that the loan matches the property’s value. Thus, most property owners will get their first survey prior to closing. If during this time an encroachment is identified, then you may have to go through the process of resolving any disputes or encroachments. 6.

How to find out what your property deed is?

To find this information, look at your property’s deed or contact a land surveyor.

What to do if property is being encroached on?

As a last resort, if you feel confident that your property is being encroached upon, you can file a claim in court and ask a judge to decide the boundaries—but the more you involve the legal system, the more cost you will incur.

What happens if you don't speak to your neighbor about the boundary lines?

If you let the construction go forward and you never speak to your neighbor about the discrepancy, then it's likely that if you ever do want to fight the boundary lines, a court of law will assume you gave up rights to the land long ago. What's more, if you go to sell your house, a title company may refuse to issue a title to the home because your neighbor's structure is on your property

Why do fences cause disputes?

But sometimes fences (or sheds, home additions, driveways, patios, etc.) cause significant disputes when one owner believes the other owner's structure has encroached onto their own property. Before you get into a dispute with your neighbor, check your deed, property stakes and any survey to locate descriptions of your property lines.

Why won't my title company issue a title to my house?

What's more, if you go to sell your house, a title company may refuse to issue a title to the home because your neighbor's structure is on your property. Additionally, if you and your neighbor do agree on new deeds, sign them and get them filed in your county's land records office.

Can you draw up a new deed to your property?

With the help of a real estate lawyer, you can draw up and sign a new deeds which redistribute the property boundaries.