Your experience as a property owner begins when you close on a new house. New tasks and obligations await in this new chapter. Building relationships with your new neighbors is an important part of homeownership; however, things such as encroachment can cause conflict. And these conflicts may cause bigger problems over time when not resolved.
In this post, we'll learn what encroachment is in real estate and how to resolve disputes quickly so you can enjoy your home.
Encroachment in real estate is when a property owner infringes on their neighbor's property rights. Constructing or expanding a feature that crosses the property line onto the neighbor's land is a common example. It can also happen underground; for instance, installing utilities below the ground.
For instance, a lemon tree limb may have grown to the point where it extends into the neighbor's yard. Alternatively, a shed or fence that spans property lines has been constructed.
Property invasion is frequently an accident; it may occasionally be deliberate. In certain instances, the previous homeowner completed it. An ambiguous property boundary could be the cause. Actually, until a survey shows the encroachment, many property owners are unaware of it.
Property boundary disputes can arise in several ways. Let's examine a few typical forms of real estate encroachments.
Minor Encroachments
A minor encroachment is either short or insignificant. It has no lasting effect, can be quickly and easily fixed, and is usually resolved with informal discussions or negotiations.
A garden bed that extends just a little bit into a neighbor's yard or a tree branch that hangs over their side of the fence are some examples of minor encroachments. It can also involve a little landscaping and movable things like basketball hoops and trash cans.
Structural Encroachments
Building construction that crosses the property border might be considered a structural encroachment. It may also be a more significant, larger, or long-lasting obtrusion. Nonetheless, it has a greater impact and may cause long-term issues. Generally speaking, a structural encroachment is viewed as a major encroachment, and moving or changing it could be more difficult and costly, or legal action might be required.
For example, it could mean permanent landscaping, utility installations, adding fences, garages, or balconies, or expanding a portion of one's house are a few examples.
Major Encroachments
Significant real estate encroachments may impact the owner's property rights and enjoyment of their land. The home's value may potentially be impacted. Major encroachments are typically seen in several structural encroachments.
Major and structural encroachments are more costly and difficult to fix. They may thereby increase the likelihood of legal problems and court disputes. Major encroachments include things like building expansion beyond property lines or subterranean utility installation on your neighbor's land.
A neighbor encroaching on your property can place you in an awkward position, leading to problems. That said, it's a good idea to seek help from a professional land surveyor if you suspect a neighbor infringing on your property.
Land surveyors are experts in measuring and charting a land's surface. Legal property borders can be established using a competent land survey. In this manner, you can determine the location of the property line.
The average cost of a land survey is $2,300. According to Angi's data, most households may spend between $475 and $25,000, depending on factors like the size, topography, location, and topographical.
Asking your neighbor if they're willing to divide the price since it's expensive might be a good idea. After all, it will give you both clarity and help you avoid future problems.
The good news is that the majority of encroachments are usually quite small and may be fixed without incurring additional costs or difficulties. For instance, trimming a bush that has spread into the backyard of a neighbor.
However, significant encroachments can result in some major and expensive issues.
Encroachments may result in the following problems:
An easement is a legal right that permits one person or organization to utilize another's real estate for a particular purpose, like utility maintenance or access to a landlocked tract. For instance, rights-of-way, shared driveways, power and water lines, and other utilities.
Both parties agree on easements. Even if they are still accepted, easements can nevertheless lead to certain problems, like:
If you come across a property invasion, following the right procedures can help you determine what to do to prevent things from getting worse:
Acquire A Land Survey
Working with a professional land surveyor to confirm the property lines if you think your neighbor may be infringing on your property is advisable.
Negotiate With Your Neighbor
It might sound daunting, but talking about your issue with your neighbor, even something as small as an overhanging tree branch, helps in resolving encroachment.
They are likely unaware of the problem. You can save a lot of time and worry and maintain good neighbor relations if you can resolve conflicts with your neighbor immediately.
Give An Easement To Your Neighbor
Give your neighbors an easement if it makes sense to do so. In this manner, it provides them with access to the impacted area of the land. This may be a win-win scenario.
You should work out particular arrangements with your neighbor if you're considering taking this approach. For instance, specify the precise portion of the land they can visit, any compensation, and what is and is not allowed. This can stop new problems from emerging.
A documented easement deed that is signed by both parties is required to legitimize an easement. They are typically registered with the deeds to each neighbor's property and must be filed with the county clerk's office.
Sell Your Neighbor The Land
Redrawing the property line and selling the land entirely are alternatives to giving an easement. In this manner, you are paid for the neighbor's use of the land, and they can access it without fear of legal consequences.
Take Legal Action
It might be time to take legal action if your neighbor refuses to remove the encroachment and you're unable to reach a deal on a land easement or sale. Find a reputable lawyer who has experience with boundary disputes to help with this.
FAQs On Encroachment
Is it illegal to encroach?
Encroachment is not a criminal offense but rather a civil one. However, if, for example, the neighbor refuses to remove it and trespasses on your property, it may result in criminal charges.
Should I purchase a home that has an encroachment?
It depends. What you have to remember is that even a minor encroachment might mean that your neighbor won't be considerate of the property line and your space. So, before buying a home with encroachment, you must weigh its pros and cons, as it can affect your home's title and value.
Can you relocate your neighbor's land away from your own?
Before removing an encroachment, have a straight conversation with your neighbors. Regretfully, relocating items that aren't yours could result in escalating conflict with your neighbor and a number of legal problems, even if they are on your land.
Is it possible for my neighbor to build all the way to the edge?
The local zoning law and construction standards determine whether a neighbor may build all the way to the boundary. Regarding trees, you should review the tree law, which outlines each party's rights regarding trees on or close to their land.
Can a house with an encroachment be sold?
Yes, a home with an encroachment can still be sold. However, it can have an impact on buyer interest, appraised worth, and buying price.
Conclusion
Encroachment may not pose a high risk; however, if you want to have good ties with your neighbors and defend your property rights, you must resolve the problem right away.
While major encroachments may require legal action, minor encroachments, such as landscaping that crosses property lines, can usually be handled with proper negotiation.
If you have questions on encroachment, feel free to leave them in the comments.
Caroline Soriano