“Encroachment is when another individual builds a structure that sits on or interferes with your land,” says Nancy Beck, REALTOR ® at CENTURY 21 Award. “Perhaps your neighbor builds a deck that creeps out onto your property line, or a shed for his new boat that sits a few feet over the border.”
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So what do you do? And more importantly, what can you do? “If the encroachment doesn't bother you, than maybe there is no reason to do anything about it—you save the relationship between you and your neighbor, and what's a few feet of yard loss anyway? However, when it comes time to sell your home, you could run into some trouble,” Beck explains.
Here are a few steps you can take:
1. Solidify the boundaries. Double and triple check your boundary lines so you don't start an issue over a mistake or misunderstanding.
Here are a few steps you can take:
1. Solidify the boundaries. Double and triple check your boundary lines so you don't start an issue over a mistake or misunderstanding.
2. Talk with your neighbor. If it's a shed or movable structure, perhaps they can relocate.
3. Consider alternatives. “There are several things you can do to remedy this situation without ending up in court,” says Beck. One is writing the neighbor a written permission to use your property. While this will not hold over if you sell your property, it will at least clear the air and any confusion between who owns what. Another possibility is selling the square feet to them, extending their property line so that their structure now sits on their land and they are no longer encroaching. Not keen on selling the square footage? Suggest renting it. “Be sure to contact a legal advisor and, if necessary, your mortgage lender before a property sale. And of course, keep all documentation of the sale,” Beck cautions.
4. If you aren't able to keep the situation hospitable, you may have to take the issue to court. This can be a painstakingly long process, so Beck suggests this as a last-ditch effort.
For more information on encroachment, please contact Nancy Beck at nancybeckrealestate@gmail.com. (858) 945-5478, or http://www.nancybeckrealtor.com/
For more real estate information, please contact CENTURY 21 Award at info@century21award.com, 800-293-1657, or CENTURY 21 Award.
3. Consider alternatives. “There are several things you can do to remedy this situation without ending up in court,” says Beck. One is writing the neighbor a written permission to use your property. While this will not hold over if you sell your property, it will at least clear the air and any confusion between who owns what. Another possibility is selling the square feet to them, extending their property line so that their structure now sits on their land and they are no longer encroaching. Not keen on selling the square footage? Suggest renting it. “Be sure to contact a legal advisor and, if necessary, your mortgage lender before a property sale. And of course, keep all documentation of the sale,” Beck cautions.
4. If you aren't able to keep the situation hospitable, you may have to take the issue to court. This can be a painstakingly long process, so Beck suggests this as a last-ditch effort.
For more information on encroachment, please contact Nancy Beck at nancybeckrealestate@gmail.com. (858) 945-5478, or http://www.nancybeckrealtor.com/
For more real estate information, please contact CENTURY 21 Award at info@century21award.com, 800-293-1657, or CENTURY 21 Award.
