How To Deal With Encroachment Issues On Property Lines
Property lines are an integral part of any real estate transaction. They clearly define the boundaries of a property and ensure that the owners have complete control over their land. However, what happens when these lines are crossed? Encroachment issues on property lines can be a major headache for homeowners and can even lead to legal disputes. In this article, we will discuss what encroachment is, how to identify it, and most importantly, how to deal with it.
Understanding Encroachment
Before we dive into the details of dealing with encroachment issues, it is important to understand what exactly encroachment is. Encroachment occurs when a structure, usually a building or fence, extends beyond the property line and onto the neighboring property. This can happen intentionally or unintentionally, but either way, it can result in a violation of property rights.
Identifying Encroachment
The first step in dealing with encroachment is to recognize it. Encroachments can come in various forms, from an overhanging tree to a full-scale structure. The most common types of encroachment include:
1. Structural Encroachment
When a building or any other structure intrudes onto the neighboring property, it is considered a structural encroachment. This can happen if a fence or wall is built on the wrong property line or if a portion of a building extends beyond the property boundary.
2. Non-Structural Encroachment
Non-structural encroachment occurs when a non-permanent object, such as a tree or shrub, crosses the property line. This type of encroachment can be challenging to identify, as it may not be immediately noticeable.
3. Underground Encroachment
Underground encroachment refers to any structure that is built beneath the surface and extends onto the neighboring property. This can include anything from underground pipes to septic systems.
How to Deal with Encroachment Issues
So, what can you do if you find out that there is an encroachment issue on your property? Here are some steps to take:
1. Review Your Property Survey
The first thing to do is to review your property survey. This is the document that outlines the boundaries of your property and should have been provided to you when you purchased the property. If you do not have a survey, you may need to hire a professional surveyor to create one for you.
2. Check Local Zoning Laws
Local zoning laws can vary, and sometimes they allow structures to encroach on property lines. It is essential to check these laws to see if there are any exceptions for your specific situation.
3. Communicate with Your Neighbor
In many cases, encroachment can be resolved by simply communicating with your neighbor. Often, they may not be aware that they have crossed the property line. In this case, a friendly conversation can help resolve the issue.
4. Seek Legal Assistance
If you are unable to resolve the issue with your neighbor, you may need to seek legal assistance. A real estate attorney can help you understand your rights and legal options in dealing with encroachment.
5. Consider a Boundary Agreement
A boundary agreement, also known as a property line agreement, is a legal document that outlines the boundaries of your property and any easements or rights that you and your neighbor may have. This agreement can be used to resolve any encroachment issues.
Conclusion
Dealing with encroachment issues on property lines can be a complicated and stressful process, but it is essential to address them before they escalate into legal disputes. By understanding what encroachment is and following the steps outlined in this article, you can effectively deal with any encroachment issues that may arise. Remember to always seek professional help if you are unable to resolve the issue on your own.
