Encroachment

Sam · Posted: Thu Apr 15, 2004 2:08 am Post subject: Encroachment

Any improvement or obstruction in the real property causing illegal intrusion or extension into the property of another is known as Encroachment.

For example, if a person builds a shed at the edge of his property without being aware of the property boundaries, the shed may extend into the land he does not own. So he should carry out a professional survey before building near the property boundary if no survey records are available. This will help him avoid encroachment issues.

Legal aspects:
Encroachment can often result in a party claiming for adverse possession if it is not challenged for a definite length of time. If you are found guilty of encroachment, your neighbor can sue you on legal grounds. He can also force you to remove the part of the construction as ordered by the court or demand compensation due to loss of property space.

It is always better not to deal with properties having encroachment problems. This is because getting out of such legal problems is quite expensive and time consuming.

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