Now that said, encroachment in reality is far more complex than this basic definition. Basics. This encroachment can be in the form of a newly erected fence, a wall, or a gate and is usually a form of an improvement done on a property. 2 Your neighbor's fence encroaches (not trespasses) on your property, so the first stem would be for you to write a demand letter where you state what the encroachment is and what reason you have for believing that there is an encroachment. A property encroachment means that one of the properties has a structure or some object that protrudes onto the neighboring property. What Can I Do About Encroachment on My Property? A professional land survey should always be the first step toward assessing if there is any potential boundary or encroachment issue. You can also try to sell an easement over the property. It’s on unimproved land and we intend to plant a row of pyracantha as a border. some are 6ft or more. After graduating from Paul Smith’s College, he worked his way from rod-man to transit-man and eventually party-chief. I explained the difficulty (I built this to last), reminded her that I had informed her of the possible encroachment and even offered to sign an agreement verifying her land, pay her for the lost land, or continue the rest of the fence on my side to replace the amount of land lost and have the property lines redrawn at my expense. The agreement was that we would each select a surveyor and get a quote then would discuss the options. Just this fact is enough to stay away from this daughter’s family and the property…. Someone building directly on your property. Laws vary from State to State but sounds like you have a Prescriptive easement and you would want to get an actual deed to it so it can be transferred when you sell your property. Property encroachments occur when objects, buildings, or fences that are owned by one person are placed on another person's property. An encroachment in real estate occurs when either you or your neighbor physically crosses the property line, intruding on the other's real property without their permission. Encroachment- this is a term used in a situation where someone’s rights can be interfering with your property. We could have been jerks but decided we would just settle it this way and the neighbor may be unhappy but I think he has figured out he was really in the the wrong. Offering a concession, such as moving a fence line or repositioning another structure, is generally the right thing to do. We recently purchased a home that has a vacant lot next to us. In some cases, though, that can be very difficult. Great idea to participate in matching quotes for the solution! A land survey conducted by a professional can help ensure that the boundaries between neighboring properties are clearly understood. But if this subject is a little closer to home for you, don’t shy away from getting some help. Are we in the wrong to want the stuff off of our property to maximize our own property? If all else fails, hire a qualified real estate attorney. Propertyencroachment occurs when one property has its home or other piece ofproperty owned by the homeowner such as a pool or bushes, extends fromthe one property to another. Offering a concession, such as moving a fence line or repositioning another structure, is generally the right thing to do. WOODSHED AND LANDSCAPING ENCROACHMENTS In 1994, Denese Welch, owner of Lot 7 in the Shasta Holiday subdivision, built a woodshed and planter boxes which extended over her property line onto Lot 8 – about seven feet for the shed and almost 10 feet for the landscaping. morning- what if there is a shared storm drain? Godfrey Hoffman Hodge, LLC is committed to providing professional land surveying, civil engineering and permitting services throughout the State of Connecticut as well as developing long-term relationships with and adapting to the changing needs of our clients. My house sits further back so he has extended where my fence stops so it will connect at the back of his home. Laws vary from state to state. While preparing to improve the property the neighbor to the East indicated the improvements would be on his property. We recently discovered based on property photo/map on our auditor’s website, that a neighboring property has put a swing set on a corner of our property that is adjacent to theirs. For 30 years we’ve had this driveway and paid for dirt fill, maintained the property, cut down fallen trees, planted trees and shrubs and had bonfires to rid of any fallen trees. The fence has been there for 9 years, and prior to that, there was a different fence exactly in the same place. Our survey proves the neighbor drilled a well,ran power and built a 600 sq ft cabin 30 yrs ago on our lot instead of his. For neighbors who cannot agree but who also want to avoid getting attorneys and potentially even going to court, mediation or working with a third party who is neutral in the matter can help. Which are best for you is a subject to discuss with an attorney you trust. LOL, guy never brought his survey estimate over and hasn’t mentioned this for over a year. What about if their fence is encroaching the road that is maintained by the HOA and the property owner refuses to move the fence? Question , will this situation have any implication in my property sale. He does not care . Buying a property with an encroachment licence The new owner of the property will pay an administration fee of $74.75 for a new encroachment licence as part of the sale and purchase process. He provided a property survey that was done 3 years ago. Is there anything we can do now being new owners? Hi I bought 14acres and after I had it surveyed I found out that my neighbors mobile home sits on the purchased property..I offered to sell him 2acres which would free him and all utilities water,sewer etc..He’s refusing to buy the 2 acres and now won’t answer his phone to us..My question is what steps do I need to take???Thanks! Someone routinely trespassing on property, whether for a particular purpose or not. Your email address will not be published. But said neighbor refused to amicably negotiate but enforced me to remove the encroachment, which is logically costly and might affect wall to collapse. These things get tricky. There is no substitute for legal counsel, particularly not this article. My suggestion would be to get your own survey proving these issues and also hire a qualified attorney to protect your rights. Selling or Buying an Easement-Encumbered Property. The point is there’s a reason the person is on the property, and it is generally for a short period. Please note that these are just some possible actions you can take. We just bought a house where the neighbor behind us built a driveway on our property, so many years ago. Major real estate disputes (and especially threats of legal action) are compelling reasons to get a qualified real estate attorney’s opinion of your circumstances and what to do next. Oh and by the way , It was never disclosed of an encroachment agreement with said parties . Are you currently dealing with an encroachment-related situation? If you signed up for BiggerPockets via Facebook, you can log in with just one click! Most cities, and it may depend on the development, have set backs from the adjacent property. Subscribe today and get the Oct/Nov issue delivered to your door! Encroachment occurs when a property owner trespasses onto their neighbor’s property by building or extending structures beyond their property line. Until a new owner deciding to buy the vacant property behind me and make a driveway leading up to another house in which he owns and now the wall which divides us he wants to take over and cut out half of my driveway to do so. It may be helpful to actually look at the situation from the other party’s perspective and determine if there’s a compromise you can live with. An encroached land owner is, however, not without relief. Be your best bet is to consult with a Georgia attorney who not! For any litigation purpose or not: get a quote then would discuss the options fully the... A few years ago, parents gave two property to maximize our own?! Within that set back requires a variance from the neighbor to the East indicated the would! Homeowner to move the fence your land, assuming they are using my house sits further back he... Be clearly defined or easily visible possible actions you can nip these problems in the farm behind! 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