Understanding Encroachment: Protecting Your Property Boundaries

What is Encroachment?

Encroachment refers to any building, part of a building, or obstruction that physically intrudes upon, overlaps, or trespasses upon the property of another. This often happens due to mistakes made during the original surveying of the property boundaries.

Example of Encroachment

Here’s an example to make it clearer: Imagine that a part of the building on Lot A extends into the neighboring Lot B. Such a situation likely arose because of inaccurate surveying of Lot A. It’s essential to address this issue to avoid any legal repercussions.

Figure 64. (Illustrative image representing encroachment)

How Encroachment Occurs

Encroachment commonly occurs due to the following reasons:

1. Faulty Property Surveys: Mistakes in determining property boundaries.
2. Negligence: When property owners build without proper verification.
3. Natural Causes: Over time, natural shifts in land can lead to encroachments.

Legal Implications

Encroachment can lead to several legal issues:

1. Boundary Disputes: Disagreements between property owners.
2. Property Value Impact: Reduces the overall property value.
3. Litigation: Prolonged legal battles and high costs.

Resolving Encroachment

1. Surveying: Re-survey the land to establish accurate boundaries.
2. Negotiation: Resolve disputes amicably with neighbors.
3. Legal Action: Seek a legal resolution if negotiation fails.
4. Purchase the Encroached Land: Sometimes, buying the encroached section can be an option.

Preventing Encroachment

1. Website Order Accurate Surveys: Conduct accurate land surveys before building.
2. Mark Boundaries Clearly: Have visible markers for property lines.
3. Consult Professionals: Seek advice from legal and real estate professionals.

Frequently Asked Questions

What Are the Long-Term Effects of Encroachment?

• Encroachment can lead to continuous disputes, decrease in property values, and prolonged legal challenges.

Can Encroachment Lead to Property Loss?

• Yes, prolonged unaddressed encroachment can result in adverse possession claims, where the encroacher might gain legal rights to the property.

How Can I Avoid Encroaching on Neighbor’s Property?

• Ensure accurate surveys are done prior to construction, clearly mark your property boundaries, and maintain open communication with your neighbors.

What Should I Do if I Discover Encroachment on My Property?

• Consult with a professional to re-survey the land, discuss with your neighbors to resolve the issue, and if necessary, take legal action.