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How serious is a case of encroachment?

On Behalf of | Dec 12, 2022 | Real Estate Litigation

Encroachment in Irvine, California, occurs when an individual or entity builds on or over another person’s property without permission. An encroachment may be minor, such as a neighbor building a fence over the property line. In other cases, encroachment may be more significant, such as when a building is constructed on land not belonging to the builder. Encroachments can occur in many different ways, and they can have a variety of effects on the property owner:

  • May block access to a portion of the property
  • Make it difficult to use the property for its intended purpose
  • May decrease the property’s value by making it less desirable to potential buyers.

How can you avoid encroachment?

Suppose you are concerned with land use litigation and about potential encroachment on your property. In that case, you can do a few things to avoid it.

Know where the property lines around your home or business. If unsure, you can always have a surveyor come out and mark the boundaries for you. Another way to avoid encroachment is to be proactive about any construction or landscaping projects that might be taking place near your property line.

If you have any concerns, talk to the contractor or homeowner before work begins. If you choose to do so, you could express your concerns and make sure they understand where your property line is located. Then, if you do end up with an encroachment on your property, often, it can be resolved without going to court.

Check with local authorities

Encroachment is a severe issue. It occurs when people build structures on land they do not own or have the right to use. This can lead to disputes between neighbors and even result in legal action being taken against the offenders. If you are considering building anything on land you do not own, check with the local authorities first to avoid any potential problems down the road.