Addressing encroachment in residential spaces

On Behalf of | Jun 7, 2021 | Real Estate |

It can take years for Mississippi resident to have the resources to buy their own home. When they are able to make the down payment on a property where they wish to live and raise their family, they may be protective of its boundaries and how it is used. Though many individuals have positive relationships with the people who live near them, boundary issues can create tensions between neighbors.

This post will introduce the topic of encroachment and how it can affect residential property. Readers who are experiencing encroachment or boundary line problems are encouraged to discuss their issues with real estate lawyers. This post is informational and content and should not be read as specific legal advice.

What is an encroachment?

Encroachment happens when a part of a person’s property is used by someone else. For example, is an individual’s neighbor builds a structure or fence on the individual’s property, that structure or fence encroaches upon their land. Encroachments can affect property values and are important to address when they happen.

What can be done about encroachments?

There are different ways that property owners can address encroachment issues. Before they do anything, however, they should be certain that they know and understand where their property lines are drawn. He real estate or real property lawyer can help them identify these property lines so that they better understand what must happen to remedy encroachment problems on their land.

A real estate attorney can help an individual talk to their neighbor about addressing their encroachment problems. Some individuals may be able to resolve encroachments through informal means. However, unable to settle their differences, property owners may need to take their encroachment matters to court.

How a particular encroachment case resolves will depend on factors related to the specific case being heard by the court. An individual who has suffered encroachment upon their property must be prepared to demonstrate how their rights have been affected by their neighbor’s actions. A knowledgeable real property attorney can help them build a strong case to have an encroachment compensated or removed to protect their interests in their property.