What Is An Encroachment In Real Estate Property?

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Written By Justin McGill

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If you’re a homeowner, then you know that your property lines are important. They define where your home starts and ends, and they give you a sense of ownership and privacy. But what happens when someone builds something on your property line? This is called encroachment and it can be a big problem for homeowners. What is an encroachment in real estate?

In this blog post, we’ll explain everything you need to know about what is an encroachment in real estate and how you can fight it.

What is an Encroachment in Real Estate?

This often happens when people are not aware of where their property boundaries lie. In some cases, it can also be intentional.

In the simplest terms, encroaching on someone else’s land is when you unknowingly or intentionally trespass on their land.

Sometimes, neighbors put up new fences or build out decks that encroach on other people’s properties.

If a building or structure is on someone else’s property without their permission, the responsible party can be sued. This is in violation of their property rights and could result in legal action.

This violation of property rights is on the part of the encroacher, not the landowner.

When someone tries to build on land that doesn’t belong to them, it’s called encroachment. This is illegal and not allowed because it infringes on the rights of the rightful owner of the land.

Why Does Encroachment Happen?

One reason encroachment may happen is because a homeowner doesn’t have an up-to-date property survey. They may also assume that the property boundaries are in the same place as when they originally bought the land, but their memory could be incorrect.

If a contractor misunderstood the instructions for where an addition should begin and end, it could lead to encroachment onto another person’s property. This is a serious issue that must be addressed in order to protect the homeowner who has been wronged.

There are various reasons why this might happen, but regardless of the cause, it is important to take action to rectify the situation.

Types of Encroachments

There is more than one way to encroach on an adjacent property.

To better define and clarify the different types of encroachment, two distinct categories have been established.

1. Trespassing

As its name implies, the trespassing type of encroachment involves the unwanted building of structures on another person’s property. A fence that cuts across a property without permission from the landowner can be considered a trespassing encroachment.

However, the structure itself does not classify as trespass, but the physical act of building a structure or extension onto land owned by someone else.

2. Nuisance

While trespassing refers to physical structures built on another’s property, nuisance encroachment deals with any structure which is built in the space between.

Specifically, anything in the air space that belongs to someone else can be considered a nuisance encroachment.

For example, a tree that grows over the property of your neighbor can still be considered a nuisance encroachment even if the branches are not touching their house.

How to Get Rid of an Encroachment

There are a lot of ways to handle an encroaching neighbor, but before you do anything, make sure you know exactly where the boundaries of your land are.

You are about to discuss boundary issues with your neighbor and want to avoid any confusion over property lines.

If you have an unwanted object or plant growing on or over your property, there are a few things you can do. You can talk to your neighbor about it and attempt to come to a mutual agreement. If that fails, you can try to sell the encroachment to your neighbors.

If all else fails, you may have to take legal action against them.

When to Call a Real Estate Attorney

Dealing with boundary and easement issues can be a tricky business. The amount of money involved and the emotional attachments can make these transactions very touchy.

If you’re facing encroachment issues, you should seek the help of a local real estate lawyer. An experienced legal professional can help resolve the situation and protect your property rights.

How Do You Clear an Encroachment?

An encroachment is the unauthorized use of another person’s land. To clear an encroachment, the landowner must give notice to the trespasser and demand that they stop unauthorized use. If the trespasser does not comply, the landowner can file a lawsuit to have the court order the removal of the encroachment.

What is Land Encroachment?

Land encroachment is the act of illegally occupying or using land that does not belong to you. This can be done by building on someone else’s land without their permission, or by using someone’s land for your own purposes without their consent.

Land encroachment can also refer to the gradual expansion of one’s own land onto another person’s property.

What Does Encroachment Mean in Construction?

In construction, encroachment is the act of building on or over another person’s land without their permission. This can include things like putting up a fence on your neighbor’s property or building a deck that extends onto their yard.

Encroachment can also refer to the act of using someone else’s land for your own purposes without their consent, such as parking your car on their driveway or walking through their garden to get to your own home.

What is An Example of an Encroachment?

An encroachment is an unauthorized invasion or intrusion onto another person’s land. This can be done by physically entering the land without permission, or by using the land in a way that interferes with the owner’s use and enjoyment of it.

For example, if someone builds a fence on your property line without your permission, this would be considered an encroachment. If they then put a gate in the fence and start using your driveway to access their own property, this would be considered an even more serious encroachment.

Conclusion

What is an encroachment in real estate? An encroachment is a serious issue in real estate, and it can have a big impact on your property lines. If you’re ever faced with an encroachment, be sure to consult with a real estate lawyer to get the best course of action.

Justin McGill