How Homebuyers Can Protect Against Property Encroachment

Buying a new home is exciting. Not only do you have a brand new house all your own, but you've got property, too. Whether it's a tiny postage-stamp yard or a good-sized chunk of acreage, it's all your own, and it can be a great experience. But the fact is, owning property also means having neighbors, and you might find yourself faced with a property encroachment situation.

Understanding Property Encroachment

Encroachment is what happens when someone on an adjoining lot builds something on their lot, which overhangs into yours and "takes up" part of your space. It's not uncommon for neighbors to ask each other whether this type of thing is okay before they build, and not everyone minds, particularly if the encroachment is quite small and unobtrusive. However, some people do mind, and not everyone asks, and the result can be an interesting legal situation.

There are ways to prevent encroachment in the first place without having to come across as rude and without having to start an argument. In fact, taking a few simple preventative steps before any encroachment happens is a much better idea than waiting for it to happen and then getting angry.

• Sometimes preventing encroachment is as simple as marking the line. If you know for a fact where the boundary line is (and ideally have papers/ blueprints to show it), consider building a fence, planting bushes, or even putting a wooden post up in each corner of the lot. A physical structure that marks the boundary line might be all it takes; it doesn't have to be an unwelcoming border that blocks the view, or otherwise offends your neighbors. All you're doing it putting a marker in place on the line. Having paperwork to back you up is useful in case your neighbor believes the line is somewhere else, of course.

• Should an encroachment occur, you shouldn't jump to the conclusion that your neighbor is taking advantage of you or trying to make you angry. Often, and in fact in most cases, encroachment is a simple mistake. Your neighbor may have lived in the house for a long time and never considered where the line actually is, or he may have had an understanding with the previous owners of your home about where the line was (even if it wasn't the legal line itself). He may have even been given bad information by a property survey or real estate agent. The key thing is to approach him in a friendly manner and ask about it. Again, having paperwork to back yourself up at this point will be useful, and you should also consider offering to have a new survey done, and perhaps splitting the cost with the neighbor, to ensure the information is accurate.

• Some encroachments are, in fact, maliciously done, and if that is the case, you should send your neighbor a certified letter politely requesting removal of the structure, along with information regarding the line, once again. This type of situation can escalate quickly. Ideally you can settle it with out of court, although it can travel all the way to small claims court if both sides are determined.

The best way to deal with encroachment is to prevent it in the first place. Make sure your information is correct regarding where your property begins and ends, and politely show your neighbor that you know where those lines are and how you feel about them. Opening friendly communication with neighbors will be a benefit to you in more situations than just property encroachment, so now is the time to start.

Getting Help

If you do find that your neighbor has encroached on your personal space, it is a good idea to get legal help. Your lawyer can help you to take any action necessary, from writing a simple letter to representing you in court to deal with your neighbor's theft of your land.