Quick Answer: What Is An Encroachment On A Property?

Encroachment is a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor’s land or property.

What can you do if your neighbor encroaches on your property?

Dealing with a Property Line Dispute: Don’t Fence Me In (or Out)

  • Stay civil. Don’t use this disagreement to vent months or years of anger at your neighbor.
  • Hire a surveyor.
  • Check your community’s laws.
  • Try to reach a neighbor-to-neighbor agreement.
  • Use a mediator.
  • Have your attorney send a letter.
  • File a lawsuit.

Can I remove encroachment?

An encroachment is considered to be a private nuisance, and the owner of the land may generally have a right to remove it himself. However, if the structure is damaged by removal, you may be liable for such damage.

What is the difference between an easement and an encroachment?

Easement or Encroachment

An easement is the right to use another’s land for a designated purpose, such as accessing a beach. A right of way is a form of easement granted by the property owner permitting another to legally cross his land. In contrast, an encroachment is an unauthorized entry upon another’s land.

Do I have to give my Neighbour access to my property?

Generally, if you go onto to your neighbours land without their permission, you are trespassing. However, if you wish to repair your home, you may go onto your neighbours land without getting their permission.

Can I make my neighbor trim his tree?

If my neighbor’s tree branches hang over my yard, can I trim them? By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor’s property or destroy the tree.

Is encroachment a crime?

Understanding Encroachment

Encroachment brings about a violation of the property rights of the affected property owner. When a property owner trespasses on to his or her neighbor’s property, s/he is said to be encroaching on the neighbor’s property.

How do you deal with an encroachment?

Common Ways to Deal With Encroachments

  1. Have a Professional Land Survey Done. A professional land survey should always be the first step toward assessing if there is any potential boundary or encroachment issue.
  2. Talk Things Out and Offer Concessions.
  3. Seek Mediation or a Neutral Third Party.
  4. If all else fails, hire a qualified real estate attorney.

Is an encroachment a trespass?

No. If you encroach upon your neighbor’s land, then your encroachment is a trespass. Although he can sue you for trespass, your neighbor will not automatically have legal title to the part of your building that is on his land.