An encroachment is a dispute between neighbors over a structure that is extending over the property line, such as a fence, shed, or tree branches. It can also involve shared areas on the land.
If you’re dealing with a neighbor’s encroachment, this not only results in a stressful property boundary dispute, but it can cause other problems, such as violating your land rights or hampering property sales if the structure they've constructed is an eyesore.
In the rest of this article, we’ll explore everything you need to know about encroachments, such as common types, how to deal with them, how to prevent them, and when you should call a lawyer for assistance.
What are Common Types of Encroachment?
There are various ways in which you could end up in an encroachment dispute with your neighbor. There are two main encroachment types to know about.
- Minor encroachment. These issues are usually resolved via negotiation, such as if a fence is accidentally erected on a property line.
- Major encroachment. This type of encroachment can be more complex, such as if a neighbor constructs a shed that’s right over the property line but they try to pretend it’s not; or, if there’s a tree that has dangerous branches hanging into the neighbor’s property which could cause damage to the homeowner’s roof.
Some typical examples of encroachment include the following:
- Trespassing through a neighbor’s property without their consent, such as to access a shared portion of land.
- Building structures that extend onto your neighbor’s property.
- Erecting structures that intrude on a public area, such as a sidewalk.
- Parking on your neighbor’s side in the case of a shared driveway.
- Drainage that causes water runoff on your neighbor’s property.
How Can You Prevent Encroachment?
By being diligent about your property and actions, you can avoid many types of encroachment so that they don’t cause disputes between you and a neighbor.
Get Property Surveys
Hire a surveyor to conduct a property survey so that you can be informed of where the property line is situated. This will prevent you from accidentally encroaching on your neighbor’s property, while providing evidence that can help you avoid disputes.
Know Your Rights
You should research property line rights in your location so that you don’t inadvertently violate them and cause issues.
Maintain Your Property
Be respectful of your neighbors by keeping your property in good shape. Trim back trees so that their branches don’t hang into your neighbor’s property, causing problems. Check that there are no drainage issues.
If you share a portion of land with your neighbor, you should ensure it stays in good condition, if this is your responsibility.
Communicate with Your Neighbor About Improvements
If you’re planning construction of a structure on your property and you’re concerned that it might be a nuisance for your neighbor, it’s worth speaking to them about it so that you prevent misunderstandings or resentment that could cause disputes.
What Should You Do to Resolve an Encroachment Dispute?
There are steps you can take to resolve encroachment, whether you’re encroaching on your neighbor’s property or you’re the victim of encroachment.
Communicate with Your Neighbor
If you have an encroachment issue, speak to your neighbor directly and informally. This discussion should be open and friendly so you can air your concerns and find a way to resolve the issue. Chances are that the dispute is based on a misunderstanding which can be easily resolved.
Consider Mediation
For encroachment issues and disputes that can’t be successfully resolved via discussions, you should hire a neutral, third-party mediator to help you.
A mediator will encourage open, constructive, and creative problem-solving conversations between you and your neighbor so you can work together to resolve the encroachment.
If you both reach an agreement, you should get it down in writing so that you prevent future misunderstandings.
Hire an Arbitrator
Instead of mediation, you can hire a neutral, third-party arbitrator who can listen to both parties’ cases and decide on a resolution to the encroachment. This decision is usually legally binding, but it’s an effective way to get a third party’s perspective on the stressful issue and resolve the dispute for you.
Consider an Easement
To deal with a dispute, such as arguments over the use of a shared portion of land, you can get an easement. This gives your neighbor permission to use the portion legally. You might agree with them paying you for the usage.
Get the easement in writing so that there are no misinterpretations of what was discussed.
Work with a Lawyer
If you’re dealing with a major encroachment and you can’t reach an effective resolution with your neighbor, you should consult with a lawyer.
They will help you by sending your neighbor a demand letter. This notice will include information about how the encroachment is affecting you and will outline your property rights. It will also include a deadline by when your neighbor should resolve the issue.
You can request a demand letter to be drafted by a lawyer on ContractsCounsel, an online legal network that connects vetted lawyers with clients. You’ll work with an experienced, professional lawyer to ensure the draft letter is legally sound, fair, and protects your interests.
Other things your lawyer will do to help you can include:
- Filing a lawsuit, if the encroachment is extreme. For example, if your neighbor isn’t responding to your demand letter or refusing to resolve the issue.
- They’ll represent you in court, if required.
- They’ll negotiate with your neighbor on your behalf to resolve the encroachment.
- They’ll assist you in collecting evidence of the encroachment, such as with property surveys and a copy of property regulations.
Do you need a lawyer for encroachment?
You don’t have to feel stressed about how your property lines are being intruded on. Contact a lawyer on ContractsCounsel. All lawyers are vetted on the platform and will provide expertise and legal knowledge to help you. They have years of experience in assisting clients effectively resolve minor and major encroachment disputes.
