Encroachment is described as any situation in which one person uses or constructs on another’s land. Typically, such conflicts arise when property boundaries are not clearly described or apparent between adjacent properties.
On the surface, encroachment seems to be a simple concept to understand. The basic legal meaning is easy to understand.
In fact, encroachment is much more complicated than this simple description. Here’s what you need to hear about it.
Encroachment disputes are almost as old as human society. We’ve had disagreements about such distinctions for as long as we’ve had definitions of “my property” and “your land”.
Fortunately, you don’t have to use a small army to protect your private land. However, it’s important to recognize that encroachment can take many forms.
Here are a few examples of encroachment problems you might run into:
Also Read: What Is the Legal Description of Property?
It shouldn’t take much creativity to see how someone exploiting their easy access to an easement will make life difficult for a homeowner. Easements and encroachments are not the same thing. The former is, by definition, unagreed upon. Yes, if the situation calls for it, an easement may be a viable alternative to a possible encroachment.
You have choices for dealing with encroachment. They don’t have to all end up in court.
Although there are times that it is appropriate to seek legal recourse, de-escalating the dispute is always a more direct way of resolving the underlying issue.
The following are some possible encroachment solutions. Please keep in mind that these are just some of the options available to you. Whatever is best for you should be discussed with a trusted attorney.
Also Read: Tips For First-Time Landlords
Approaches to dealing with encroachment include:
Don’t be hesitant to ask for help. If you’re being suspected of encroachment or think your land has been encroached upon, now isn’t the time and try to act as your own lawyer. Major real estate disputes are valid reasons to seek the advice of a competent real estate attorney about your situation and next steps.