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When it comes to buying a home, the last thing any buyer wants to find out is that there is a serious encroachment issue. In other words, property line issues. Unfortunately, this is a reality for many buyers, as encroachment issues are not always caught during the home inspection process. An encroachment issue can delay the closing of a home by weeks, or even months, and in some cases, the issue may be enough to cause the sale to fall through entirely.
An encroachment is when one property owner builds extending onto another property. The line where one property ends an or unauthorized intrusion onto their real property the other begins is called the property line. Encroachment in real estate usually refers to when this occurs without the permission of the other property owner, and it is considered to be intentional. Structural encroachment happens when a physical structure from one property crosses over onto another property. This can happen with fences, buildings, or other features. Even if the encroachment is not structural, it may still be considered illegal.
What Types of Encroachments Are There?
There are several types of encroachment. Structural encroachment occurs when a building or other structure is built on or over the property line. Property encroachment occurs when someone uses part of your property without your permission. This could be something as minor as putting a flowerpot on your property line or something as major as building a deck that extends onto your neighbor's property. Potential encroachment occurs when there is a possibility that someone could encroach on your property in the future, such as if your neighbor plans to build a shed that would extend onto your property.
Encroachments can take many different forms and can often be difficult to spot. Here are a few examples of encroachments:
1. An unapproved fence or structure that extends onto your property.
2. A neighbor's trees or shrubs that are growing onto your land.
3. Someone parking their car on your property without permission.
4. A utility company placing equipment on your land without authorization.
How Do You Determine a Major Encroachment from a Minor Encroachment?
The main difference between a major and minor encroachment is the size and scope of the project. A major encroachment is usually a much larger project that has a greater impact on the environment, while a minor encroachment is typically smaller in scale and has less of an impact.
How Do Encroachments Happen?
An encroachment occurs when someone unlawfully builds on or over your property. This can happen if your neighbor builds a fence or deck that extends onto your land, or if a utility company digs trenches across your property without your permission. In some cases, an encroachment may be minor and not cause any harm. However, in other cases, it can interfere with your use and enjoyment of your property. If you believe that an encroachment has occurred on your property, you should consult with an attorney to discuss your options.
What Can I Do About an Encroachment?
When it comes to dealing with property lines and property boundaries, it's a good idea to have a simple conversation with your neighbor. A friendly conversation with your neighbor will most likely result in a mutually beneficial outcome. An amicable or fair agreement should be the goal. For example, if you have an encroachment on your property, you may be able to sell the land to the person who is encroaching. Or you may be able to work together on an encroachment agreement. If you are buying or selling a property, you should have a real estate attorney review the land survey records to determine if there are any encroachments. If you are buying or selling a property, you should also have a mortgage lender review the land survey to determine if there are any encroachments.
What is an Encroachment Agreement?
An Encroachment Agreement is a written agreement between two property owners that defines the rights and responsibilities of each party with regards to an encroachment. An encroachment is when one property owner builds or places something on their neighboring property. An adverse possession is when one property owner illegally occupies their neighboring property. An encroachment may be as simple as a fence or bushes that grow onto a neighboring property, or it may be a deck or shed that is built partially on the neighboring property. In some cases, an encroachment may be intentional, while in other cases it may be accidental.
If an encroachment is not addressed, it can lead to disputes between the two property owners and can even result in legal action. An Encroachment Agreement can help prevent these disputes by clearly defining the rights and responsibilities of each party. It is important to consult with an attorney before signing an Encroachment Agreement to make sure that you understand all the terms and that the Agreement is in your best interests.
Express Permission
In order to avoid any potential legal issues, it is best to get express permission from the property owner before entering onto their land. There are a few different ways that you can obtain express permission from a property owner.
The first is to simply ask them for permission in person. This is the most straightforward approach and gives you the opportunity to explain what you would like to do on their property. Another way to get express permission is by sending a written request to the property owner. This can be done via mail, email, or fax. Be sure to include all relevant information in your request, such as your name, contact information, and the reason for wanting to enter the property.
What is the Difference Between Encroachments and Easements?
An encroachment is when someone builds on or over your property without your permission. An easement is the right to utilize or occupy someone else's property for a particular purpose. As the property owner, you can have problems with either an encroachment or an easement. For example, an encroachment can block your view or access to your property, and an easement can make it difficult to sell your property or develop it. In some cases, an adverse possession claim can be made if someone has been using your property for a long time without your permission.
How Can an Encroachment Identified by a Survey be Remedied?
If an encroachment is identified by a survey, another property owner and the person who owns the piece of land that the encroachment is on can come to an agreement about the encroachment. This agreement is called an encroachment agreement and it outlines what will be done about the encroachment. The agreement may involve the property owner moving their property line so that the encroachment is no longer on the other person's land, or it may involve the other person giving the property owner permission to keep the encroachment where it is.
Real estate encroachments can happen even if the person didn't mean to do anything to his neighbor's land. Sometimes people are unaware or not clear about the boundary line and what is actually the neighbor's land and the neighbor's rights. This can happen for many reasons such as an overgrown hedge. Encroachment usually occurs because the property survey is inaccurate or wasn't updated when the neighboring property was developed. If you discover that someone has encroached on your property, you can take steps to assert your property rights and have the encroachment removed.
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In conclusion, it is important to be aware of potential encroachments when buying a property. This can avoid costly legal fees and headaches down the road. If you are unsure about whether there is an encroachment on your property, it is best to consult with professional surveyors and a qualified real estate attorney.
