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What to do when your neighbor encroaches on your property

On Behalf of | Dec 27, 2019 | Firm News |

Emotions can run high when two neighbors argue over property boundary lines. Things can escalate even quicker when one neighbor encroaches on your land. Fortunately, there are ample ways to handle this problem legally without letting your emotions get the best of you.

Tips for resolving your boundary dispute

Before beginning the legal process, try communicating with your neighbor about the problem. When speaking with your neighbor, you could also bring documentation showing exactly where the boundary line is. If your neighbor still disagrees with you, starting the legal process may be a good idea. The following remedies could help solve your property dispute:

  • Speak with an attorney: Before proceeding with any legal action, consider hiring an attorney. Your attorney can advise you on what to do next.
  • Deliver a written warning: Your attorney may recommend drafting a written notice detailing the problem. Your lawyer may choose to file the letter with your local government agency and deliver the warning to your neighbor.
  • Agree on land use: If you do not intend to use the land that is being encroached upon by your neighbor, your attorney could draft an easement agreement. This requires your neighbor to compensate you annually for using your property.
  • Seek third-party mediation: For a cheaper alternative, compared to a court hearing, you and your neighbor can participate in mediation.
  • Take legal action: If you have exhausted all other options, filing a lawsuit might be your last legal alternative.
  • Sell your land: Selling the property to your neighbor is another option. This could be beneficial to you if you are not using the land and you want to avoid a more costly and time-consuming route.

Consulting with your attorney throughout this process is crucial. Any small mistake could make your easement or mediation agreement unenforceable.