what kind of attorney would i use to deal with driveway encroachment of property line

Is part of our driveway encroaching on our property?

Sep 05, 2018 · A local real estate attorney can help you get all these documents in order. If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed.

Can a neighbor's concrete driveway cross your property line?

Feb 14, 2018 · If all else fails, hire a qualified real estate attorney A good attorney will be able to advise on the best and most cost effective way to settle the dispute. He or she may also be able to advise on weather your title insurance company would be responsible for any litigation. boundaries Connecticut CT encroachment land neighbor dispute

How to handle encroachment without a lawyer?

May 31, 2019 · If a property owner makes use of a part of a neighbor’s property for over five years, he or she may request a court order that they “own” the land underlying the improvements if the encroachment has been (1) open (visible) and notorious (obvious); (2) continuous and uninterrupted for five years; (3) hostile to (without consent of) the ...

What are encroachments&property line disputes?

When the encroachment intrudes into the airspace on the adjacent property, the encroachment may constitute a nuisance when said encroachment infringes upon the owner’s right to a peaceful use and enjoyment. See Barnes v. Berendes, (1902) 139 Cal. 32, 39; see also Kafka v. Bozio, (1923) 191 Cal. 746, 750. Thus, a party bringing an encroachment ...

How do you deal with an encroachment?

What is a legally valid encroachment?

How do you settle a boundary dispute?

How do you write an encroachment letter?

What is the primary danger of allowing an encroachment?

What is anti encroachment?

What are the 4 types of boundary disputes?

How do you deal with a Neighbour dispute over boundaries?

Is there a time limit on boundary disputes?

How do I write an application for land encroachment?

What constitutes a boundary dispute?

How do you write a land dispute letter?

What is driveway encroachment?

A driveway encroachment refers to a situation where someone builds something on or overhanging your driveway.

What to do when there is an encroachment dispute?

When there is the threat of an encroachment dispute, Adkan Engineers suggests getting a professional land survey. This will assess the land boundaries and determine if there actually is encroachment. The surveyor will provide information to both parties, so there will be no way to question the findings.

What does encroachment mean on neighbors property?

It could be a shed, a driveway or even an entire home. Encroachment could also be when a tree is overhanging on a neighbor’s lawn. According to Quicken Loans, encroachment adversely affects the neighbors' property because it can impede how they use it. Nothing is quite as frustrating as having a neighbor take advantage of your property.

What to do if neighbor encroachment is not resolved?

However, an attorney may be able to help the neighbor arrive at an acceptable settlement. If that does not work, the final option would be to go to court.

What to do when neighbors cannot resolve encroachment?

When neighbors cannot resolve encroachment or usage problems, a written complaint may be in order. The letter can start with a description of the violation and a reference to the land survey. Next, the letter should give the neighbor notice that the encroachment needs to be removed within a specified and reasonable time frame, such as 30 days. Other options may be mentioned as well. Finally, the neighbor needs to be informed that if he does not agree and carry out the solution, legal action will be taken.

What to do if boundary dispute gets heated?

If the issue gets thorny, Adkan Engineers recommends contacting a third party, like a mediator. These individuals may be able to help the parties come to a more amicable agreement.

Can a homeowner hire an attorney for encroachment?

These individuals may be able to help the parties come to a more amicable agreement. In some encroachment dispute s, a homeowner is left with no choice but to hire an experienced real estate attorney. This is the most expensive option and could lead to long-lasting bad blood.

How to solve encroachment?

Talking things out and addressing the issue head-on can be among the best ways to solve any problem between neighbors . If a land survey has determined that there really is encroachment, or if the neighbors agree that encroachment is an issue, then it is time to look for a solution. Offering a concession, such as moving a fence line or repositioning another structure, is generally the right thing to do. In some cases, though, that can be very difficult.

What to do if one neighbor wants another neighbor to move a fence?

If one neighbor wants another neighbor to move a fence or other structure, that neighbor will first want to verify that the structure is encroaching on the other neighbor’s property. A land survey conducted by a professional can help ensure that the boundaries between neighboring properties are clearly understood.

What to do if title insurance company fails?

If all else fails, hire a qualified real estate attorney. A good attorney will be able to advise on the best and most cost effective way to settle the dispute. He or she may also be able to advise on weather your title insurance company would be responsible for any litigation.

How to help neighbors who cannot agree?

For neighbors who cannot agree but who also want to avoid getting attorneys and potentially even going to court, mediation or working with a third party who is neutral in the matter can help.

What is the first step in assessing if there is a potential boundary or encroachment issue?

Have a Professional Land Survey Done. A professional land survey should always be the first step toward assessing if there is any potential boundary or encroachment issue. In some cases, what one homeowner may feel is an encroachment issue may actually not be one.

Can you get along with neighbors?

The more amicable neighbors can be in encroachment cases, the easier it will be to solve the issues and move forward. Getting along with neighbors is not always possible, but it should be the goal for homeowners who live in neighborhoods. Generally, that goal is more easily met by homeowners who are willing to work with one another, ...

Can encroachment be resolved without legal representation?

But fortunately, most boundary and encroachment disputes never have to come to that. Here are some common ways to handle encroachment that can be taken care of quickly, easily, and without legal representation. The more amicable neighbors can be in encroachment cases, the easier it will be to solve the issues and move forward.

Why did Welch not get a prescriptive easement?

Because the encroachments essentially gave Welch exclusive use of that part of Lot 8, she was not entitled to a prescriptive easement. The woodshed and other improvements spilling over the mutual boundary line must be removed. BALANCING OF HARDSHIPS EXCEPTION.

When was the Harrisons property encroachment discovered?

In 2001, the owner of Lot 8, the Harrisons, had the property surveyed and the encroachment was discovered.

What was Welch's theory of encroachment?

Welch’s much stronger theory to keep her encroachments in place was a prescriptive easement. The elements of a prescriptive easement are exactly the same as adverse possession, but there is no need to pay taxes on the neighbor’s built-on land. Prescriptive easement claims are easier to achieve.

How long do encroachments last?

The short answer if the encroachments were constructed less than five years ago: generally, they must be removed. If they have been in place for five years or longer, the riddle is more complicated.

How long does a neighbor have to use their property?

If a property owner makes use of a part of a neighbor’s property for over five years, he or she may request a court order that they “own” the land underlying the improvements if the encroachment has been (1) open (visible) and notorious (obvious); (2) continuous and uninterrupted for five years; (3) hostile to (without consent of) the true owner; (4) under claim of right; and (5) they paid taxes on the encroached property.

Is there such a thing as an exclusive prescriptive easement?

Justice Robie pointed out an exception to the rule that there is no such thing as an exclusive prescriptive easement. If the encroachment is a substantial building structure, like a house, a court may “weigh the relative hardships” in determining whether to order the removal of the encroaching improvements and may order the encroacher to pay for use of the encroached upon land, thus allowing the encroachment to remain.

How to handle encroachment?

Ways to handle encroachment: Define your property line with a formal survey. This course of action allows you to establish that you are making a good faith effort to ensure you really are dealing with encroachment. Negotiate, if you feel the other party is amicable.

What is encroachment in real estate?

Encroachment describes any situation where one person is using or building on another person’s property. Generally, such disputes occur over neighboring properties where exact property lines may not be clearly defined or easily visible. On its face, encroachment isn’t a particularly tough concept for smart investors to grasp.

What are some examples of encroachment issues?

Here are some common examples of encroachment issues you may encounter: Someone building directly on your property. Someone building a structure that extends onto your property. Someone routinely trespassing on property, whether for a particular purpose or not. Someone abusing a valid easement.

Can an easement be used to encroach on a house?

By definition, the former isn’t agreed upon. And yes, an easement may even be a solution to a potential encroachment, if appropriate.

Is encroachment a dispute?

Encroachment disputes in reality are almost as old as human civilization. For as long as we’ve had concepts of “my land” and “your land” (or even “public land” vs. “private land”), we’ve had disputes around such distinctions.

Can you work it out between yourself and neighbor's property?

If, for instance, your property is between a popular destination and a neighbor’s property, you may have the legal right to work it out between yourselves and even make a profit off of your desirable location. But before you do anything like that…. Get at least one professional opinion.

Is an encroachment the same as an easement?

It shouldn’t take much imagination to see how a person abusing their simple access to an easement can make a homeowner’s life difficult. Encroachments and easements are not the same.

What is property line dispute?

Property line disputes can and do arise as between adjoining land owners. When a building or other structure is constructed onto adjoining land, or into its airspace without permission or consent, the infringement is referred to as an Encroachment. The encroachment may constitute a trespass or a nuisance. Should the encroachment actually rest on ...

What is a division fence?

Division Fences – Adjacent landowners are mutually bound equally to maintain: (1) The boundaries and monuments between them; and (2) The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. See Cal. Civ. Code § 841.

What to do if neighbor encroaches on property?

If the encroachment occurs after you purchase the property, you may be able to discuss the issue with the neighbor and have him remove it after the two of you reach an agreement. If this option does not work, you will need to file a claim in court, and have the neighbor served with a copy of it.

What is property encroachment?

One problem that occurs more frequently than most people realize is the issue of property encroachment real estate This occurs when property lines meet and one person's property line extends across onto the other property line – for example, when someone builds a fence between your yard and their yard, and their fence extends onto your property. So, what can you legally do about property encroachment if someone is intruding on your property? There are a few potential options available to you if you are having this problem.

Can you encroach on a property when you purchase it?

Unfortunately, if the encroachment exists when you purchase the property, there is often little that can be done.

Do you need to have your land surveyed?

You may also need to have your land surveyed, at cost to you, in order to prove that the encroachment is on your land. A judge will be able to make a decision as to whether or not the encroachment is on your property if you take the case to court.

Can a judge decide if an encroachment is on your property?

A judge will be able to make a decision as to whether or not the encroachment is on your property if you take the case to court.

Property Encroachment and Blocking Private Driveway

Issue: I want to build a fence! What are the steps I need to take so he doesn’t take me to court and what are my rights? Explanation of Property Issue: I recently started a lease to own of my parents property and I am having major issues with the neighbors up front who have converted there rural home into a very busy business.

Re: Property Encroachment & Blocking Private Driveway

unless your parents granted an actual easement, all use by the neighbor up to this time has been permissive so; rescind permission to use the drive. If he doesn't stop using the drive, call the police and report a trespass.

Re: Property Encroachment & Blocking Private Driveway

jk is of course correct. As you are now dealing with a "business" which is not respecting your rights, you need an attorney at this point. The "business" probably has an attorney already so you should be prepared.

What is neighbor encroachment?

Law Review: Neighbor’s encroachment over your property line. A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house.

When was the Harrisons property encroachment discovered?

In 2001, the owner of Lot 8, the Harrisons, had the property surveyed and the encroachment was discovered.

What was Welch's theory of encroachment?

Welch’s much stronger theory to keep her encroachments in place was a prescriptive easement. The elements of a prescriptive easement are exactly the same as adverse possession, but there is no need to pay taxes on the neighbor’s built-on land. Prescriptive easement claims are easier to achieve.

How long do encroachments last?

The short answer if the encroachments were constructed less than five years ago: generally, they must be removed. If they have been in place for five years or longer, the riddle is more complicated.

How long does a neighbor have to use their property?

If a property owner makes use of a part of a neighbor’s property for over five years, he or she may request a court order that they “own” the land underlying the improvements if the encroachment has been (1) open (visible) and notorious (obvious); (2) continuous and uninterrupted for five years; (3) hostile to (without consent of) the true owner; (4) under claim of right; and (5) they paid taxes on the encroached property.

Is there such a thing as an exclusive prescriptive easement?

Justice Robie pointed out an exception to the rule that there is no such thing as an exclusive prescriptive easement. If the encroachment is a substantial building structure, like a house, a court may “weigh the relative hardships” in determining whether to order the removal of the encroaching improvements and may order the encroacher to pay for use of the encroached upon land, thus allowing the encroachment to remain.

What is encroachment in property law?

Encroachments: Encroachment occurs when one party’s recognition or use of the property line differs from the property line’s legal location. As fences are built, or trees are planted, it is easy to lose track of the legal property line.

Why do property lines have disputes?

Deed Problems: Less commonly, property line disputes can occur due to flaws in the recorded property descriptions. These issues can occur at many stages of the process—for example, deed problems can arise due to a seller or buyer’s erroneous description during a sale, or due to a municipality’s clerical errors in recording.

What causes a deed to be contentious?

However, there are a number of factors that can cause a deed problem to mushroom into a contentious property line dispute. For instance, if neighbors have an antagonistic relationship, or there is no historical or established boundary, then determining the appropriate boundary can become a difficult process.

What is the tool for Pierce County?

In Pierce County, this tool is called PublicGIS, while Tacoma’s version is called the Tacoma DART Map.

Why do deeds go undetected?

Because deed errors are not readily observable, they can often go undetected from the time of purchase (when the error is made) to the date when the property is sold.

What is boundary line dispute?

The term “property line dispute” (also known as “boundary line dispute”) can refer to a broad array of disputes over the ownership of land. Typically, property line disputes arise from one of two sources: encroachment, or a problem with the recorded deeds.

What is the next step in a quiet title lawsuit?

Typically, if a dispute cannot be negotiated to your satisfaction , the next step is a lawsuit to quiet title. The purpose of a quiet title action is to resolve competing claims of ownership by “stopping the mouth of the person who has asserted or who is asserting a claim to the plaintiff’s property.”. McGuinness v.