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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.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
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Experience:  17 years of legal experience including real estate law.
4460311
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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
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20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
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Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Encroachment Questions

  • I live in Maryland in a single family home. My neighbors

    I live in Maryland in a single family home. My neighbors back yard shed is on our property and also on gov't property confirmed by multiple surveys. The shed does not interfere with our activities / living in any way whatsoever.
    It was built without a permit and has been there since I moved in 10 years ago. They bought their house in 1996. Adverse possession in MD is 20 years.
    I called the municipal inspector who came out but they are not interested to pursue because of the age of the shed. They said the “statue of limitations” has passed (3 years). They will not even issue a notice of violation. The recommended I pursue this as a civil matter.
    I have not yet contacted the neighbors, they are hostile people and won't simply agree. I want the shed moved to avoid adverse possession and to avoid issues when we sell the house.
    My questions:
    1) Regarding the county - is it worth calling their superiors and working my way up the chain to see if I can convince them to take some action? (which seems doubtful in my discussion w/ the insepctor)
    2) How do you recommend I formally inform the neighbors to move the shed? Is email sufficient? Or does this need to be a certified letter or a letter thru a lawyer?
    3) If these 2 steps fail, what's my next step? Hire a lawyer? Sue them? Not sure if I could afford a costly process to get their shed off my property. Will courts usually awards the prevailing party their court costs and legal fees in such cases?
    Thanks
    Manish
  • the neighbors tree has grown so huge it has crumbled my block wall and has caused severe d

    the neighbors tree has grown so huge it has crumbled my block wall and has caused severe damage to my sewer line causing sewer backups constantly. They finally agreed to cut it.. but they are asking me to pay for half the cost of cutting it and rebuilding a new wall. what are my rights. The tree grew on their land and has been pushing into my side over the years getting bigger and causing more damage over time. I have been pleading with them to remove it to prevent further damage for years and now it has roots going under my buildings foundation. the tree trunk is aproximately 6 feet round and 40 plus feet tall.
  • A neighgor has stored equipment on my property without my permission.

    A neighgor has stored equipment on my property without my permission. I have asked the neighbor to remove all items from my property twice and have left a copy of the plat map showing the property boundries. It has now been one month since my second request and there is still a snow plow attachment, lawn mover, ladders, 55 gallon barrel, and other junk on my property. The neighbor also has a burn pile on my property and has continued to use it after I explicitly told him to stop. Can I use the ORS 90.425 and 90.675 to give notice and then dispose of this property?
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