How To Resolve Property Encroachment
The court looked at the value of the tool shed at issue compared with value of the entire property and the fact that the tool shed was still usable even after the seller had taken matters into his own hands and resolved the encroachment by having the offending portion sawed off. Offering a concession such as moving a fence line or repositioning another structure is generally the right thing to do.
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A court determination can provide a legal order to rectify your encroachment issue.
How to resolve property encroachment. How to Resolve Encroachment Im looking for some advice specific to a property encroachment in New York State. Knowing real estate laws can be quite beneficial to this task. Speak with your neighbour and understand their concerns about the boundary or any possible encroachment onto their property.
In some cases though that can be very difficult. Lot line adjustments are also a solution one side buys the other out but they have to be approved by the local building or planning department and they cannot create a non-conforming lot. If an encroachment was innocently erected extremely difficult andor costly to remove and is causing little if any inconvenience to the adjacently owned property a court may allow the encroachment to remain and award the adjacent landowner monetary damages for the loss of use of his or her property due to the encroachment.
To make sure the court litigation is in your favor it is critical for you to build a strong case to show your ownership of the property in question. Or check with the National Association for Community Mediation. We have used mutual easements or mutual licenses to keep the peace.
That way you get some money for the loss of your property and your neighbor gets to use the land without worry. Therefore a landowner generally has the right to remove the encroachment themselves. If your neighbor is unable or unwilling to remove the encroachment but is otherwise open to resolving the issue you may wish to consider selling the encroached-upon property to him.
The previous owner purchased the property in March 2004 from a long time owner. Do I Need to Hire a Lawyer to Help Resolve My Encroachment Issue. More often than not real estate encroachments occur inadvertently due to confusion over a propertys boundary lines.
This includes moving over a fence line or repositioning a structure. As previously mentioned an encroachment is also considered to be a private nuisance. Generally such disputes occur over neighboring properties where property lines arent clearly defined or visible.
If this is the case the property owner has the right to legally remove encroachments found on his or her property. Check with your local courthouse police precinct or bar association to find a qualified mediator. Generally both parties will do the right thing and resolve the issue without a problem.
But in reality its far more complex. Most property line and encroachment disputes are resolved through negotiation. A professional mediator can be a low-cost low-stress way to resolve your property line dispute if you and your neighbor cant reach an agreement on your own.
An encroachment agreement is a fairly simple agreement between the owners of the affected properties. I purchased my village property in December 2005. If your neighbour has raised an encroachment or boundary dispute with you there are some things to be aware of which could help to resolve the issue or avoid it altogether.
However there are times an encroachment on a property is deliberate. Neither had ever had the property surveyed. Encroachment is defined as one property owner crossing over their neighbors property lines whether by building a structure or extending a feature.
And as always if a survey reveals an encroachment we strongly recommend that you encourage your buyers to speak with their real estate attorney who can either provide counsel or try to resolve the encroachment. Selling If your neighbor is not able to remove the encroachment and you would like to avoid possible property issues in the future you may consider selling the portion of the land to your neighbor. In order to have marketable titleto the underlying property so you can sell it without worrying about the issue you will want to file a petition with the court asking the court to award you a court decree granting you quiet title under Michigan CLA 6005801.
Encroachment can be something as simple as letting your trees branches grow over into your neighbors yard. Thank you so much for allowing me to help you with your questions. Any property line dispute falls into one of these two types.
Standard agreements acknowledge and describe the encroachment and identify who is the owner of the encroaching improvement. Encroachment describes any situation where one person is using or building on another persons property. You receive payment for your loss and your neighbor is able to utilize the encroached-upon land free and clear so both parties can be happy.
On its face it isnt a particularly tough concept to grasp. Depending on the situation and degree of encroachment a party can offer concessions to the other. Do not assume it is minor or that title insurance will resolve the issue.
Shortly after I was under contract to purchase the property. If a land survey has determined that there really is encroachment or if the neighbors agree that encroachment is an issue then it is time to look for a solution. Issues involving property law matters can become fairly complicated.
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