A fence pushed a little too far. Shrubs planted just over the line. A shed straddling the line. It happens more often than people expect, and just ignoring it rarely makes it better. If you are wondering what to do if a neighbor encroaches on your property, the first step is to recognize that doing nothing is still a decision, and not always a safe one.
This article outlines how encroachment issues develop and the steps available to address them, from confirming boundaries to recognizing when legal action may be necessary.
Before turning to solutions, it is important to understand what “encroachment” means in a legal sense, as that definition shapes how the situation is handled from the outset.
What Is an Encroachment?
An encroachment occurs when a structure or use extends past one property line onto another without permission, whether it involves a fence, driveway, or even landscaping. The concern is not just the size of the encroachment, but its impact on property rights, as even minor issues can lead to legal complications if left unaddressed.
Encroachment disputes tend to escalate from informal concerns to formal conflicts when they are not addressed properly. A structured approach, such as the steps listed below, can help remedy the situation while preserving a neighborly relationship for as long as possible.
Determine the Real Boundary Line
The boundary can be identified with the aid of a licensed surveyor, and authoritative documentation can be prepared in the event of any escalation of the issue. This will put an end to any confusion and provide a solid foundation for any further action.
Raise the Issue Directly
Once the boundary has been verified, the next step often involves notifying the neighboring property owner. In many cases, the encroachment is not intentional. A straightforward discussion can bring the issue to light and open the door to a practical resolution, such as relocating a structure or adjusting landscaping.
Produce an Official Document
If informal endeavors do not yield results, it might be time to be more formal. A written letter, often sent through certified mail or by counsel, may outline the nature of encroachment, quote favorable survey findings, and insist upon the removal of such encroachment. This provides a clear account of the issue being brought to the fore and recorded.
Evaluate Resolution Paths
The potential solutions will depend on the circumstances. Other alternatives include allowing limited use under a written agreement, formally redrawing the property boundaries, or demolishing the intruding structure to reestablish the original property boundary.
Think of Mediation or Lawsuit
In cases where consensus is not possible, external help might be required. Mediation provides a formal platform for negotiation, whereby legal counsel may offer recommendations on possible solutions. In more contentious issues, the court may need to issue an order to address the encroachment and enforce property rights.
Preventing Future Issues
Any resolutions must be set out in a written agreement prepared with legal guidanceto ensure the terms are clear and enforceable. When this is done, it is to be filed in the proper county office in such a way that it becomes a part of the public record associated with the property. This is done to ensure that future purchasers are not ignorant of the arrangement and are bound by its terms.
Call Christman for Your Legal Needs Today!
Looking for real estate law services in Texas? Christman Attorneys is your premier choice, as we were voted as a Top 3 Law Firm in Denton County. Senior Partner Drew Christman has been named Best Real Estate Attorney in Denton County for several years. With years of experience and a deep understanding of the legal landscape, Drew Christman and our skilled team are dedicated to helping our clients with complex real estate matters. Whether it be mediation, arbitration, real estate contracts, or litigation, trust Christman to provide professional and effective representation for all your real estate legal needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for general informational use only and is not a substitute for professional legal guidance. The attorneys at Christman believe in tailoring legal advice and solutions to your own personal circumstances.
We have an unwavering commitment to our clients at each stage of their legal situation.
