Quick Answer: What Can You Do If Your Neighbor Encroaches On Your Property?

Can a neighbor take your property?

Answer.

It’s true that adverse possession is a legal means by which a trespasser, often a neighbor, can establish title to a piece of property.

Their problem in making a claim for adverse possession, however, is that they haven’t met the required statutory period..

How do you resolve an encroachment?

The first step towards resolving a problem should be to contact your neighbour and let them know about the problem. If you have a good relationship,your neighbour may be happy to do the work required to remove and prevent the encroachment. This approach is most useful when the problem can be easily fixed.

What is considered an encroachment?

The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor’s land or property intentionally or otherwise.

Can I sue my neighbor for devaluing my property?

For example, if your neighbor is conducting dogfights or cockfights on the property, this constitutes a public nuisance. CAL. … But, an individual may also be able to bring a lawsuit for damages against the neighbor for a public nuisance if they can show that the nuisance is one that is “specially injurious” to them.

What can you do if a neighbor builds on your property?

If you’re in an argument with a neighbor over a property issue, follow these steps:Stay civil. … Hire a surveyor. … Check your community’s laws. … Try to reach a neighbor-to-neighbor agreement. … Use a mediator. … Have your attorney send a letter. … File a lawsuit.

Is a fence an encroachment?

An encroachment occurs when your neighbor intrudes on or over land with some kind of a structure, such as a fence or a deck that veers across the boundary line. Even if you personally don’t mind about the encroachment, it’s important to at least acknowledge its existence for when you sell the home.

How long do you have to use land before it becomes yours?

Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years. If the land is registered with someone else then the minimum time is extended to twelve years.

How do I write an encroachment letter?

Write the LetterDescribe the violation. … Explain that you are giving the neighbor notice that she needs to remove the encroaching structure. … If relevant, mention other solutions such as selling the land or giving the neighbor permission to use the encroached-upon area.More items…•

Can a neighbor plants trees exactly on the property line?

The short answer is no. If the tree trunk is on the property line, you are both equally the owner of the tree. It may not be removed without the agreement of both.

Can I post a sign in my yard about my neighbor?

You can absolutely put a sign in your yard about your neighbor without any issues in most cases. However, if you live in a community with a Homeowners Association, this may be considered harassment and you could be fined for violating HOA rules.

How do you deal with bad neighbors?

12 Steps to Dealing With Bad NeighborsGet to know each other. … Head off problems before they’re problems. … Document the problem. … Talk it out. … Look for advice or solace online. … Check with other neighbors. … See if anyone else will side with you. … Talk to a lawyer.More items…•

Can I put a fence up without my Neighbours permission?

As long as it’s not higher than 2m, your neighbour is free to put up a fence on their property. If you have an issue with the fence, you should always try to resolve the situation in an informal way. If you can’t come to an agreement, you can hire a mediator or a solicitor to help.

Is there a time limit on boundary disputes?

Legislation. You can also apply to the Registrar-General under Part 14A of the Real Property Act 1900, for a boundary determination. … Any appeal of the determination must be made to the Land and Environment Court within 28 days (Real Property Act 1900, section 135J).