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What can you do about encroachment on your property?

As a Nevada property owner, you will want to do everything possible to protect your property rights. It is sometimes necessary to do this in situations in which your neighbor may be overstepping his or her bounds and affecting your use of your personal property. This can happen in cases involving encroachment, which is when someone puts up a structure that overlaps onto your land.

If your neighbor is encroaching on your land, you have the right to resolve the situation in a reasonable manner. Sometimes, it may be possible to do this without ever stepping foot in a courtroom or filing a lawsuit. However, if legal action is necessary, it can help to learn more about what your options for potential remedies may include. 

What's next?

Whether your neighbor builds a fence that is actually on your property or erects something more permanent that is on your land, you have the right to take action and protect what is rightfully yours. It may be helpful to adhere to the following progression of steps, through which it may be possible for you to secure a beneficial outcome to your concerns:

  • One of your first steps may be to speak to your neighbor. It is possible that the encroachment is the result of a mistake or misunderstanding, and a solution is easily available.
  • If this is not possible, it may work to offer to sell the property to him or her. This can be a less expensive but satisfactory alternative to filing a lawsuit.
  • Finally, if it does not appear that an out-of-court solution will work for your situation, you may be able to seek legal recourse. 

In order to succeed with a potential legal claim, you will need to be able to prove that the property is yours and that your neighbor is encroaching on it. The court will look at the evidence and determine if the encroachment should be removed or if financial damages may be appropriate.

Fighting for your property rights

Fighting to protect your property is not always easy. You may not be sure what to do next or how you can prove encroachment is taking place, but you do not have to walk through this process alone. It may help to work with an attorney who understands real estate law and has experience with litigation over property issues. If you are unsure where to begin, it can help to start with a complete assessment of your case, during which you can get an explanation of your legal options.

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

Toll Free: 800-745-8826
Phone: 702-608-0835
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