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How do you deal with property encroachment?

Writer Nathan Sanders

If you’re in an argument with a neighbor over a property issue, follow these steps:

  1. Stay civil.
  2. Hire a surveyor.
  3. Check your community’s laws.
  4. Try to reach a neighbor-to-neighbor agreement.
  5. Use a mediator.
  6. Have your attorney send a letter.
  7. File a lawsuit.

What is a building encroachment?

Encroachment is defined as one property owner violating their neighbor’s rights by building or extending some feature and crossing onto their neighbor’s property lines. Sometimes the encroachment is intentional, but often it’s not. A structural addition to their home extends beyond the legal property boundaries.

How close can you build to a neighbors property line?

Before building, homeowners should check with their local zoning or building department. In some places, there must be 5 – 15 feet between a structure and the property line. In some cases, you must obtain a neighbor’s permission to build.

How close to my boundary can my Neighbour build?

How close to my boundary can my Neighbour build? Single story extensions to the side of your property to be no more than four meters in height and no wider than half the original size of the property. For those building a double extension on their property, you cannot go closer than seven meters to the boundary.

Can a neighbor build over your property line?

A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Must the encroachment over the boundary line be removed or may it legally remain in place? That, my friends, is the question.

What do you mean by property line encroachment?

Generally, such disputes occur over neighboring properties where property lines aren’t clearly defined or visible. On its face, it isn’t a particularly tough concept to grasp. But in reality, it’s far more complex. Encroachment describes any situation where one person is using or building on another person’s property.

Can a neighbor ask if you have an Encroachment permit?

Depending on your property lines and where they were set up, a neighbor who was having a particularly bad day might ask if your children had a permit to set up their lemonade stand in the neighborhood. It’s not likely, but it could happen because the street is public property. Encroachment Vs. Easement

Why are encroachments a problem when buying a house?

Encroachments cause title problems because the nature of encroachments makes property boundaries fuzzy. A potential buyer finding out they may have to deal with an encroachment could choose to pass on buying a property or offer less money, so this is important to think about. Apply for a Mortgage with Quicken Loans®