Property Owner Issues: Dealing With Encroachment
Property owners have every right to expect that their boundaries will be respected and that no one will build a structure on their land. Unfortunately, this does happen from time to time and landowners need to be aware that this type of occurrence, which is known as encroachment, should be resolved as soon as possible. Here is a closer look at this subject.
Definition
The legal definition of encroachment is when some other person builds on your property without your permission. Whether or not the action was intentional or an honest mistake, it is still encroachment under the law. For example, if a neighbor builds an addition to their home which intrudes 10 inches on your property, they have encroached upon your land. Once something likes this happens, you have various options for solving the problem.
It's important to take action to deal with any encroachment, because, if you do not, you could lose your right to the land in question under a legal concept known as adverse possession. Adverse possession law is complex and varies from state to state, but in some instances, the law may allow the person who encroached upon your property to become the legal owner of that piece of land if you ignore the issue.
Discuss
As soon as your realize that an encroachment has occurred, talk things over with your neighbor. He or she may not realize that they have trespassed upon your land and may decide to resolve the situation by removing the structure immediately. Another option is to offer to sell that particular piece of land to your neighbor at a fair price. You can also simply give the neighbor written permission to use that part of your property, which will protect you from any adverse possession claims.
Mediation
If you and the neighbor are unable to come to agreement, the two of you can hire the services of a professional mediator. A trained mediator may be able to hit upon a solution that would appeal to both parties.
Attorney
When you cannot reach an agreement with a neighbor over an encroachment issue by other means, then it's time to consult a real estate law firm. The lawyer can send a letter to the neighbor demanding that they rectify the situation or else you will take the case to court. The threat of legal action often convinces people to settle these types of property disputes. If this is not successful, than your attorney will advise you on how to proceed.