What Should I Do About Encroachment?
Encroachment occurs when a person erects a structure that intrudes on your property. This can happen when a neighbor adds on to their property but ends up building on part of your land. While it is important to preserve good will between you and your neighbor, encroachment can be grounds for legal action. Furthermore, if you wish to sell your property in the future, the encroachment will need to be disclosed to any potential buyers who show genuine interest in making a purchase. Below, we explain what you should do about encroachment.
What Are the Remedies for an Encroachment?
There are a few different ways that you can choose to handle an encroachment situation. Before you take any actions, you should first make sure you know exactly what the boundaries of your property are. This will help you when you attempt to resolve your boundary issues with your neighbor.
Take the following steps if you wish to remedy an encroachment:
- You should first try to discuss the encroachment with your neighbor. Ask them if they would be able to move the structure or if you can try to reach some sort of agreement. Resolving your dispute outside of the courtroom can save you money on legal fees, as well as the stress of having to go through a lawsuit to remedy the situation. If you decide to let the neighbor leave the encroachment on your property, you should consider giving them written permission to use your land. Having a written agreement in place can prevent a later claim of adverse possession.
- If your neighbor takes issue with you asking them to remove the encroachment, you can make an offer to sell them the portion of your property that they encroached. Selling your property will give you some compensation for the loss of your of your property and the neighbor will be able to use the land without having to worry about legal issues. You should contact your mortgage lender before making any offers to your neighbor, this way you can make sure you have all of the land records in order. An experienced lawyer can help determine if your records are up to date.
- If you can’t resolve the dispute by talking or if your neighbor doesn’t want to purchase your land, you will need to go to court to remove the encroachment. In court, you will need to prove that you own the property and that your neighbor is using the land improperly. Because there is a possibility that your neighbor can be granted the right to use your property on a limited basis, you should hire a skilled lawyer who is familiar with encroachment cases.
Get Help From Our Attorneys
At Purdy & Bailey, LLP, our team of lawyers are committed to helping clients in San Diego resolve their real estate disputes. We can guide you through the legal process and we will make sure your interests are faithfully represented. Let us put our skills to work for you today.Call (858) 360-7080 to discuss you legal options with our San Diego real estate lawyers