Understanding Encroachment in Real Estate
In the realm of real estate, the term “encroachment” signifies a scenario where a property owner infringes upon the rights of their neighbor by knowingly or inadvertently extending a building or structure onto the neighbor’s property. Encroachment commonly arises in areas with disputed property lines, where one party deliberately breaches the boundaries or due to lack of awareness regarding property limits.
Key Points to Note
- Encroachment transpires when a property owner extends their structures beyond their property line onto a neighbor’s land.
- Such situations can occur intentionally or inadvertently.
- Structural encroachment involves building onto public spaces.
- Clearing up property boundaries often requires a land survey.
- Easements, while similar, entail consensual agreements with fair compensation to the legal property owner.
Importance of Property Surveys in Dealing with Encroachment
Property and land surveys play a crucial role in property ownership by determining property values and demarcating boundaries. Specialist surveyors handle these surveys, typically requested by homeowners when applying for a mortgage to match the property’s value with the loan. Property surveys can be commissioned at any time, especially useful when property line disputes or encroachments occur.
Most mortgage lenders mandate a land survey during the approval process to align the loan with the property’s value.
Encroachment arises when individuals breach surveyed boundaries, encroaching on a neighbor’s property rights—in essence, trespassing without permission. Examples include building new structures, extending existing buildings, or fencing beyond legal boundaries.
While some encroachments are intentional, many result from unawareness or misinformation about property boundaries. Unintentional encroachment can occur when natural elements like hedges or tree limbs grow beyond property limits.
Structural encroachment involves extending buildings onto public domains like sidewalks or roads. Public properties, such as municipal sidewalks and streets, can’t be encroached upon without repercussions and possible removal of structures without compensation.
Resolving Encroachment Disputes and Precautions
Incorrect property survey information can lead to unintended intrusions on a neighbor’s property. Resolving unintentional encroachments often begins with a dialogue between the parties. Persisting conflicts over property rights may necessitate legal intervention for resolution.
To prevent encroachments, property owners must conduct due diligence before building near boundaries. Communication with neighbors and periodic land surveys can help ensure compliance with property lines and avoid disputes.
Distinguishing Encroachment from Easements
Encroachment and easements involve a property owner extending over a neighbor’s property, but differ in legality. Encroachments are unauthorized, while easements are mutually agreed upon and often involve compensation. Easements can be seen in situations where a property owner grants legal access to a neighbor, such as allowing beach access through their property.