Encroached Upon: How to Deal With Overhanging Property

Erroneous property boundaries are issues that are difficult to accept these days. We’ve got computers and complicated assessment tools that can recognize even the smallest variances with amazing accuracy. Occasionally though, these aren’t enough to make certain that your neighbor’s newest building project hasn’t been built three inches on your property.


Welcome to the world of encroachment. When a neighboring piece of property overhangs into property you own, this is the American property law concept known as encroachment.

The actual structure that is encroaching can be nearly anything. Culprits include trees, building parts, wooden or wire fencing and other sorts of fixtures. The object is occupying space on two pieces of property even if it only has a legal right to be on one, whatsoever the case may be. It is possible for the encroachment to occur purposefully.

You can easily see how this is likely to be the situation if you and your neighbor do not get along. If a zoning permit gives them authorization, the government is also able to encroach. There are a number of measures you can do once your property has been encroached upon. Initially, you can always try being polite. Options include requesting that the encroachment be removed or that the adjoining landowner pay lease on the part being encroached. If the encroaching landowner is unaware of the encroachment, they may very well be willing to accede in order to rectify the problem. You can also opt to sell the land being encroached on to your neighbor.


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