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What are encroachments in land disputes?

On Behalf of | Nov 28, 2021 | Real Estate

People who own land want to have the full and rightful use of that land. They don’t want to have to deal with a neighbor illegally using part of their land. Unfortunately, some people don’t pay close attention to boundary lines so they don’t know exactly where they can erect structures or barriers.

A common example of someone encroaching on another person’s property occurs when a person puts a fence up without checking where their property line is located. If you see this happening and don’t provide them with written notice, you’re allowing them to use part of your property for their own gain.

What are your options when someone encroaches on your property?

One option that you have is to accept or agree to the encroachment. This might be the case if you and your neighbor get along and you don’t mind losing a small part of your property because they mistakenly put the fence on your property instead of their property.

Your other option is to fight to get every inch of your property back in your possession. As long as the other party has their barrier or structure on your property, they are actually in possession of it. In this case, written notice is usually the first step since it gives them a chance to correct the problem without going to court.

It’s imperative that you act quickly if you learn that your neighbor has encroached on your property. There are legal remedies for these situations that you can turn to. In some cases, it’s best to review the matter with your neighbor; however, you should ensure you handle this in the proper manner.