What Can You Do About an Encroachment?
Put simply, in real estate, an encroachment is when another property owner puts up a structure that intrudes on (or over) your land. This issue might arise if, for example, a neighbor builds a shed partially over your property line. It could also happen if a neighbor expands their house so that a porch ends up on your property. This is a structural encroachment. The same is true if you build an extension to your house that expands your space onto your neighbor's land.
Encroachments: A Homeowner's Nightmare
Encroachments are among the worst nightmares homeowners or landowners can face. Comparable to trespassing, encroachment constitutes an invasion of space that can be remedied by civil means. Minor encroachments happen often and may not be grounds for legal action. These can occur with any of the following:
- Tree branches
- Large plants from your neighbor's land growing onto yours
- Poorly executed landscaping, resulting in greenery spilling over onto your property
More severe encroachments are far likelier to result in legal action. According to legal descriptions of major encroachments, the encroaching structure must result in quantifiable injury or damage to your piece of land. Legally speaking, property encroachment issues arise because of how they interfere with and compromise ownership rights. In disturbing an owner's right to quiet enjoyment of their land, encroachments create legal problems for those that cause them.
You might decide that your neighbor's type of encroachment doesn't bother you and do nothing about it. This option has the advantage of preserving goodwill between you and your neighbor. However, if you ever want to sell your home, it may affect the property value. You will need to disclose the encroachment to any potential buyers so they can consider the issue as part of their purchasing decision.
Real estate encroachments are serious matters. All too often, they can result in serious property disputes. Continue reading to learn more about remedies for such issues.
Remedies for an Encroachment
Fortunately, there are a few ways to handle an encroachment issue. However, before you do anything, make sure you know your and your neighbor's property boundaries. You do not want to cause any ill will over mistaken boundaries. The legal way to determine your and a neighbor's property is to have a land survey of the real property.
First, you should talk to your neighbors. They might be able to remove the property encroachment, or you might come to some alternate arrangement. Resolving any disputes out of court can save both of you legal fees. It can save you the stress of hiring attorneys and going to court. If you and your neighbor decide to leave the encroachment in place, you may consider giving them written permission or a revocable license to use your property. This can prevent a later claim of adverse possession.
If your neighbor is unable or unwilling to remove the encroachment or encumbrance but is otherwise open to resolving the issue, you may consider selling them the encroached upon portion of your property. That way, you get some money for the loss of your property, and your neighbor gets to use the land without worry.
You may be required to record a new property survey to establish the neighbor's property line. Contacting your mortgage lender before such a sale is usually a good idea. This helps ensure all the land records are accurate and up to date. A local real estate attorney can help you with a corrective deed, title insurance, and any additional information you need to get all your documents in order. If all else fails, you may need to go to court to get rid of an encroachment. In many cases, you must show that:
- You actually own the property
- The neighbor is using the land improperly, and the property should be removed
This first goal is accomplished through what is known as a "quiet title" action. The second is done through what is often referred to as an "ejectment action."
This is a long process that does not encourage a good relationship with your neighbors. To make matters worse, you might lose the case. If your neighbor has been improperly using your land for some time, they could succeed in an adverse possession action. More likely, the court may grant them the right to limited use of the property (known as a "prescriptive easement").
Dealing With an Encroachment? Get Expert Help From an Attorney
Asserting your property rights can be a delicate matter. Large amounts of money and a significant emotional attachment make exchanges about encroachment problems and other matters potentially volatile. Get resolution of your major encroachment matters by working with a skilled local attorney proficient in real estate law. It's important that you know your legal rights. An attorney can help.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.