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Encroachment: what is it and how should you deal with it?

You may not know what it is exactly, but encroachment is a serious threat to your property rights and your interests. Encroachment occurs when the neighboring property owner puts a structure or something else that intrudes onto your property. This could include anything from a storage shed to shrubbery to something much more significant.

In some cases, the encroachment may not bother you or prove to be a hindrance, but if you choose to do something about it, you have the right to do so as a Nevada property owner. One of the first steps in effectively dealing with encroachment issues is to seek a full understanding of your property boundary lines.

What can you do to fight back?

If encroachment is an issue for you, and you believe that it is necessary to seek a legal remedy for your situation, there are a few options available to you, including the following:

  • Start by having a conversation with the other party to determine if there is a simple solution available for both of you.
  • You may find it beneficial to sell the encroached property to the other party.
  • If the above options do not work, it may be necessary to take your encroachment issue to court.

If it becomes necessary to turn to the legal system to reach a resolution regarding your problem, you must be able to prove that you actually own the property in question. Additionally, you will have to prove that the neighbor is using your property without permission.

When an encroachment-related matter escalates to the point that it ends up in court, it can be a lengthy and complex process to reach a final solution. You have the right to pursue a beneficial outcome regarding your property rights, but you may find it beneficial to seek a legal opinion regarding potential out-of-court solutions and the most appropriate course of action for you.

Guidance for complex legal concerns

It can be both overwhelming and frustrating to learn that a neighbor encroached on your property, especially when it affects your ability to use your land as you please. You do not have to just put up with it or hope that the problem resolves itself, but you may move to protect your land and property.

You may not know what to do, but you can always benefit from a full explanation of your legal rights. Knowing your options can help you understand what to do and how you can remove an encroachment while possibly preserving your relationship with your neighbors.

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Law Offices of P. Sterling Kerr, P.C.
2450 Saint Rose Parkway Suite 120
Henderson, NV 89074

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