Encroachment
Candlefocus EditorEncroachment occurs when a person trespasses on the land of a neighboring property by building any sort of structure, such as a wall, fence, addition, shed, or deck, beyond their own property line. This can be done intentionally or accidentally and can have severe consequences if the dispute is not resolved amicably.
When a property owner intentionally trespasses on the land of their neighbor, it is known as structural encroachment. This type of encroachment can be particularly problematic for the landowner, as the structure can be permanent and many times does not need to be consented to by their neighbor. The best way to avoid or mitigate structural encroachment is for both parties to collaborate on a verbal and/or written agreement before any constructionbeginning. In some cases, it might be necessary to get a land survey performed to clearly identify the boundaries between properties.
In the event of unintentionally encroachment, the landowner is still infringing upon their neighbor’s property and they may still be liable. For example, if a property owner unknowingly lays a sidewalk, plants a garden, or builds a garage that extends beyond their own property, they may be liable for trespassing and can be sued by their neighbors.
The best way to handle unintentionally encroachment is to talk openly with the neighbor and come up with a resolution that is mutually beneficial. In the event that both parties can not come to an agreement, legal help may be needed to mediate.
It is important to note that encroachment is different than an easement, even though they are often confused as the same issue. In an easement situation, the owner of the easement formally notifies the property owner of their intention to use the land. They do this with the permission of the landowner and usually will compensate the landowner for it. While the easement holder has certain rights to the land, they do not have exclusive rights, as those are still reserved for the property owner.
Encroachment can be an unfortunately common issue between property owners. To avoid or resolve an encroachment issue, it is best for both parties to be communicative with one another and come to an agreement. A clear understanding of property boundaries is also crucial and can be acquired with a land survey. If a resolution cannot be reached, it may be necessary to seek legal help.