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Property Encroachment Laws

What is property encroachment?

Encroachment is a situation that occurs in the real estate where an owner of property has violated the rights of their neighbor by building something else on their neighbor’s property or allowing something to hang over the property line. Encroachment often times are problems along the property lines when an owner of property is not informed of their property limits or purposely decides to violate their neighbors property boundaries.

What are the encroachment laws in the state of North Carolina?

In the state of North Carolina the law on encroachment is dealt with as “continuing trespass”. An owner of property that shows proof that their neighbor has committed encroachment is allowed to the damages that were caused for the loss of value of the land during that time of encroachment. Also with that being said the property owner will also have the right to an injunction that requires the violating neighbor to remove anything that has crossed over to their neighbor’s property.

In order to solve a Structural Encroachment what are the steps involving the removal of a neighbors tree?

The basic rules for Structural Encroachment according to the Code Section Civil Code 833 states that “a trees whose trunks stand wholly upon the land of one owner belong exclusively to them, although their roots grow into the land of another.” The Civil Code 834 states “Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.” If the neighbor’s tree is mainly on their land, and the other property is being damaged by the trees roots, then the individual can terminate the trespass, and then they can sue the neighbor for the cost of the solution of the certain condition.

In the state of Florida what is the law dealing with encroachment that has been on someone property for over five years, is there anything dealing with adverse possession so they can take over the encroached property?

In the state of Florida a claim for adverse possession without a title will require possession of that property through an open use and payments on the taxes of that property for at least seven years. The term “without color of title” means that the individual has no title whether it is legal or not. Now, with that being said if the individual has not paid property taxes on the property for at least seven years, the individual cannot assume that they own the property. A person in this kind of situation would need to meet the requirements of adverse possession for more than seven years that include paying the property taxes.

In the state of Pennsylvania what is the encroachment laws dealing with tree branches that are leaning over the property lines?

According to the Pennsylvania law, if the tree branches from the neighbor’s tree are crossing over into another individual’s property, then that person will have the right to trim the branches up to the property line. With that being said the individual will not have the right to go onto the neighbor’s property or destroy the tree.

The Encroachment law has many different laws in many different states. When dealing with an encroachment property cases the rights and laws for one individual can often be very confusing as to what they are able to do and what they aren’t able to do. There are many different questions that come up when dealing with boundary encroachment can be answered by the Legal Experts online.
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Recent Encroachment Questions

  • Urgent. I am a buyer in Missouri. Tomorrow Monday July.14th

    Urgent. I am a buyer in Missouri. Tomorrow Monday July.14th is the closing day. I had a contract with seller with contingency on title and loan. This property has encroaching 3.9 ft from neighbor, a apartment complex, at the backyard with a wall is about 9ft tall. Now all my title and loan contigency is passed. Survey comes back late than loan contigency. But I don't want to buy a property with encroachment. I am asking for mutual release. The buyer said they want to go to court. Is there anyway to get out of the contract now?
  • I am a resident of Ft. Worth, TX. I have growth encroachment

    I am a resident of Ft. Worth, TX. I have growth encroachment onto my property and driveway - 4 ft. width and 12-14 feet long, from my next door neighbor's St. Augustine grass. I am partially disabled and cannot mow the thick turf. My neighbor refuses to mow it. Can I kill that grass?
  • I , and my husband own 10 acres in central Florida on which

    I , and my husband own 10 acres in central Florida on which we reside. The South boundary is defined by a canal, the North, West, and East are defined by a barbed wire and wood post fence. This fence has been in place since we moved here in 1997 and the neighbors to the East recently told us it was also in place when they moved here many years earlier than that. The fence line in question is the North boundary. The most recent owners of the property (5acres) to the north say our fence encroaches according to the survey.........this piece in question is a pie shaped piece which is correct on the north east corner and at the 5 acre point is supposedly 6 feet onto their property. My question is, Does Florida Law dictate that I should have to remove and rebuild this fence, my hedges and trees I have planted, or after all of these years does the fence become the new property line? We have lived here for 17 years and during that time several owners have owned this property to the north of us and have never had an issue with the fence before.
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