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Faith, Ledyard & Faith, PLC dba Faith Law
Faith, Ledyard & Faith, PLC dba Faith Law

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Possible options for encroachment issues

You hope to live in peace with your neighbors. However, sometimes, issues may arise that can cause a rift in your tranquility.

Particularly regarding encroachments upon your land, it is important to address the situation as quickly and efficiently as possible. There are a few options to consider in resolving encroachment issues.

Talk things out

Even beyond your encroachment issues, you will have to deal with your neighbors. If you are looking to sell the land, that may not be much of a concern for you, but it is still worth considering for whoever purchases the home. Therefore, trying to keep a positive rapport is a good idea. Especially if the encroachment is an honest mistake or oversight that can be easily resolved, having a respectful conversation with your neighbor could be the most efficient means of resolving the issue.

Form an agreement

In some cases, such as a planted tree or home addition, fixing the encroachment may not be easily remedied. If you face such a situation, coming to some sort of deal or agreement may be the best option. Most commonly, people consider selling the portion of the encroached land to the neighbor. This provides compensation for the loss of land, as well as the ability for the other party to gain full title to the land in question.

Take it to court

If you or your neighbor may not have any interest in resolving the issue amongst yourselves, a court order may be necessary. However, before pursuing a legal case, you should make sure you have all the necessary documentation to prove your rights to the real estate in question and understand the property laws. Otherwise, you may receive a verdict that is not fully in your favor.

Implementing any of these methods can be effective at reaching a resolution of your encroachment issues, but it is up to you to determine the best method. It may also be beneficial to consult with an attorney to determine the appropriate course of action.


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