Identifying and Addressing Encroachments: A Guide for Property Managers

Encroachments: An Overview

Encroachments occur when a structure, plant, or other object extends beyond its legal boundaries onto another property. These encroachments can be intentional or unintentional, but they always have the potential to cause problems for property owners and managers.

There are many different types of encroachments, but some of the most common include:

• Buildings: This can happen when a building is constructed too close to a property line or when an addition is added to a building that extends onto a neighboring property.
• Fences: Fences that are built on or over a property line are considered encroachments.
• Driveways: Driveways that extend onto a neighboring property are also encroachments.
• Trees: Trees that grow over a property line can be considered encroachments, especially if they cause damage to the neighboring property.
• Signs: Signs that are placed on a property without the owner’s permission are considered encroachments.

The Problems Caused by Encroachments

Encroachments can cause a number of problems for property owners and managers, including:

• Property disputes: Encroachments can lead to disputes between neighbors, especially if the encroachment is significant or if it causes damage to the neighboring property.
• Legal liability: Property owners and managers can be held legally liable for injuries or damages that are caused by encroachments on their property.
• Code violations: Encroachments can also lead to code violations, which can result in fines or other penalties for the property owner or manager.
• Difficulty selling the property: Encroachments can make it difficult to sell a property, as potential buyers may be concerned about the legal and financial risks associated with the encroachment.

Identifying Encroachments

The first step in addressing encroachments is to identify them. This can be done by:

• Surveying the property: A professional surveyor can measure the property lines and identify any encroachments.
• Checking the property records: The property records will contain information about the property lines and any easements or other restrictions that may affect the property.
• Inspecting the property: A visual inspection of the property can also help to identify encroachments. Look for structures, plants, or other objects that extend beyond the property lines.

Addressing Encroachments

Once an encroachment has been identified, there are a number of steps that can be taken to address it, including:

• Negotiation: The first step is to try to negotiate a resolution with the encroaching property owner. This may involve reaching an agreement to remove the encroachment, relocate it, or pay compensation for the encroachment.
• Legal action: If negotiation is unsuccessful, legal action may be necessary. This could involve filing a lawsuit to have the encroachment removed or to recover damages for the encroachment.
• Mediation: Mediation is a form of alternative dispute resolution that can be used to resolve encroachment disputes. Mediation involves a neutral third party who helps the parties to reach a mutually acceptable agreement.

Preventing Encroachments

The best way to deal with encroachments is to prevent them from happening in the first place. This can be done by:

• Surveying the property before construction: Before constructing a new building or addition, it is important to have the property surveyed to identify the property lines. This will help to ensure that the new construction does not encroach on a neighboring property.
• Getting permits for construction: Most municipalities require permits for construction projects. When applying for a permit, the property owner must submit plans for the project, which will be reviewed by the municipality to ensure that the project complies with all applicable codes and regulations.
• Maintaining property boundaries: Property owners should regularly inspect their property boundaries to identify any encroachments. If an encroachment is found, the property owner should take steps to remove it or to negotiate a resolution with the encroaching property owner.

Conclusion

Encroachments can be a major headache for property owners and managers. However, by following the steps outlined in this guide, you can identify and address encroachments quickly and effectively, and prevent them from happening in the first place.

Call to Action

If you are dealing with an encroachment on your property, don’t hesitate to contact a qualified property manager or attorney for assistance. They can help you to negotiate a resolution with the encroaching property owner, or take legal action if necessary.

Additional Context and Insights

Encroachments are a common problem, but they can be avoided by taking a few simple steps. By surveying the property before construction, getting permits for construction projects, and maintaining property boundaries, property owners can help to prevent encroachments from happening in the first place.

If an encroachment does occur, it is important to take action to address it quickly. The longer an encroachment is allowed to continue, the more difficult it will be to resolve.

There are a number of resources available to help property owners and managers deal with encroachments. The following links provide additional information on this topic:

• Nolo’s Legal Encyclopedia: What Is Encroachment in Property Law? Rights & Remedies
• Rocket Lawyer: Encroachment of Property: What It Is and How to Handle It
• FindLaw: Encroachment on Property

By following the advice in this guide, you can help to protect your property from encroachments and ensure that your property rights are respected.