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2 examples of encroachment in real estate 

On Behalf of | Jun 3, 2024 | Real Estate Law

When you purchase a property, you generally have the right to enjoy that building and the land included with it. For example, if you buy a house with a garden, you are entitled to enjoy them without interference. 

Unfortunately, there are occasions when a neighbor may encroach on your property boundary. Encroachment means that someone is using your land without your permission. Outlined below are some of the more common types of encroachment

Minor encroachments 

Minor encroachments can be annoying, but they are generally easier to resolve. A minor encroachment could include something like a neighbor allowing a bush or tree to grow too large so that it enters your garden. This often happens accidentally, and neighbors can resolve the issue by communicating. However, suppose the encroachment continues and a mutual resolution cannot be reached. In that case, the courts may step in and award compensation or insist that the neighbor remove the item encroaching on your land. 

More permanent encroachments 

Encroachment becomes more complex when more permanent structures are involved. For example, your neighbor may have built a garage that extends onto your property. This structure may not be easy to remove, and removing it could result in further damage to your property.  In such instances, the court may prefer to award financial compensation for the encroachment. 

How can encroachment be avoided? 

One of the best ways to avoid encroachment is to have a clear title to your property. Legal paperwork can show precisely what land you own. If you ever choose to sell, having clarity can also help to retain the value of your property. 

Property boundary disputes can be frustrating but they are solvable. Seek legal guidance to find out more about your options. 

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