What is considered an encroachment?
The term encroachment refers to 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 intentionally or otherwise..
What does encroachment on property mean?
In real estate, an encroachment occurs when a neighbor builds something either on or overhanging your property. An encroachment is a problem because it impedes the use of the property for the person whose land is being encroached upon.
Can you sell a house with an encroachment?
If the structure cannot be removed without great expense — like a garage — you can try to sell the property upon which the structure is encroaching to the encroaching property owner to compensate yourself for the loss of value. You can also try to sell an easement over the property.
What do you do in an encroachment?
Common Ways to Deal With EncroachmentsHave 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. … Talk Things Out and Offer Concessions. … Seek Mediation or a Neutral Third Party. … If all else fails, hire a qualified real estate attorney.
How do you handle property encroachment?
3 Best Ways to Handle EncroachmentsA Land Survey Works Wonders for Boundary Disputes. If you feel like your neighbor has or is developing on top of your land, you may want to get a professional land survey. … Talk it Over and Offer Concessions. … Bring on a Neutral Third Party. … Hire a Qualified Estate Attorney.
Can I remove encroachment?
If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed.