Featured News 2013 Understanding Property Encroachment

Understanding Property Encroachment

Neighbors, we all have them. Perhaps you live in an area where your neighbors are friendly, and you have a once a year block party. Or, maybe you have been cursed with the next door neighbor from hell. One of the big issues that may arise with neighbors, especially the obnoxious ones, is over property lines. Encroachment, then, is when another person places something that belongs on their property onto your own. This may be a structure, plants, a porch covering that falls over onto your side, etc. For some, encroachment doesn't cause any bother; however, for others it may cause issues even down the line. Perhaps today you and your neighbor are close and even though the porch overhang covers a part of your driveway, there is no problem; until you try to sell. Unfortunately, if you are trying to sell your home when there is an encroachment concern, you will be required to disclose that with any potential buyers so that they are aware of the issue at hand and will agree to this as a part of the purchasing agreement.

There are a few ways that you can remedy the issue of encroachment with your neighbors, though before you begin talking things over there is a very important step that you as a property owner will have to take first. As a property owner, you will want to contact a surveyor to determine where the true lines are on your property. By finding out your true lines, this will help you avoid any extra conflict with your neighbors that may arise after trying to enforce your lines only to learn that it was in fact their property. Once you have taken care of this, try and take some time to talk with your neighbor about your thoughts regarding the property line. If the lines were never an issue before feel free to remind them of that and then proceed to discuss you desires to move and the concern about the structure, roof, etc. Try to discuss the possibility of them moving their property, or making the necessary adjustments in order to no cross over the line. By working through this with your neighbor, you may be able to avoid conflict later on and even having to hire an attorney.

However, if your neighbor decides that you are mistaken resulting your property lines or that they are simply unwilling to make the changes, contacting a real estate lawyer just may be the next step you want to take. There are a few options you can consider regarding this. First, you may offer to sell your property to the neighbor, that way they are in control of the encroachment. However, before doing this you will want to make sure that you discuss matters over with your mortgage broker. Thought due to the compilations of even this process, hiring a real estate lawyer will help you greatly.

If all else fails, by contacting a real estate lawyer you will together need to prove two things in order to rid your property of your neighbor's encroachment. First, you will need to prove that their property is in fact coming over the property line. Second, you will need to prove a very simple factor: that you actually own the property you are fighting for. Property laws can be complicating when it comes to where the line is drawn, which is why contacting a real estate lawyer in your area is so crucial when dealing with matters of your home. Please use our website today to locate a trusted attorney in your area today!

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