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Home Home and Family Home Encroached Upon: How to Handle Overhanging Property
Encroached Upon: How to Handle Overhanging Property PDF Print E-mail
Written by Adam Ciboch   
In this day and age, it may be difficult to believe that mistakes can be made with respect to property boundaries. We've got computers and complicated assessment tools that can distinguish even the smallest differences with incredible accuracy. Sometimes, though, these aren't enough to ensure your neighbor's newest building project hasn't been built three inches onto your property. Welcome to the world of encroachment.
by AdamCiboch


In this day and age, it may be difficult to believe that mistakes can be made with respect to property boundaries. We've got computers and complicated assessment tools that can distinguish even the smallest differences with incredible accuracy. Sometimes, though, these aren't enough to ensure your neighbor's newest building project hasn't been built three inches onto your property. Welcome to the world of encroachment.

Encroachment is a legal concept found in property law where a piece of property from one landowner's parcel of land hangs over into another landowner's property line. The actual structure doing the encroaching can be almost anything. Trees, a fence, part of a building structure or virtually any other fixture could be the culprit. Whatever the case, the object is taking up space on two pieces of property when it only has a legal right to be on one.

It's possible for the encroachment to happen purposefully. If you've had frequent conflicts with your neighbor, it's probably not difficult to see how this could happen. If a zoning permit gives them authority, the government can also encroach.

There are several actions you can take once your property has been encroached upon. Try being polite first. Options include requesting that the encroachment be removed or that the adjoining It isn't uncommon for an encroaching landowner not to realize they've encroached in the first place, and then they'll be happy to agree to your terms. Another option is to permanently sell the land to your neighbor, if you're willing. If you're unsuccessful in that regard, you could also request that a court have the neighbor remove the object by means of a court order.

You should also note that many countries choose to use adverse possession laws to deal with encroachments. The encroachment being open and notorious is just one of the criteria that needs to be met and can be if the lawful owner of the land does not do anything within a certain period of time. You also need to keep these laws in mind if you haven't done anything to remove the unacceptable encroachment. The best way to deal with an encroachment, by and far, is to speak with the landowner who is encroaching to come to a successful resolution, though.

About the Author:

Searching for real estate in Broomfield CO or considering to buy Superior CO real estate? You can find more information and access real estate listings from any region or city in Colorado.

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