Property encroachments occur when a property owner extends a structure or feature onto a neighboring property without permission. This can lead to legal disputes, financial complications, and difficulties in selling or refinancing a property. Encroachments can range from minor issues like overhanging tree branches to significant concerns such as a neighbor’s fence or garage extending into another property.
In Canada, financing solutions like the MLI Select Program help investors and property owners manage real estate challenges, including legal compliance with property boundaries. Understanding encroachments and knowing how to handle them is crucial to protecting property rights and avoiding legal conflicts.
Common Types of Property Encroachments
Encroachments can vary in type and severity. Structural encroachments occur when part of a building, such as a garage, deck, or home extension, crosses into a neighbor’s land. Fence and boundary encroachments happen when a fence is built beyond the legal property line, often due to inaccurate land surveys. Overhanging trees and landscaping can also become an issue when tree branches or roots extend onto another property, potentially causing disputes. Driveway and pavement encroachments are common when a portion of a driveway, sidewalk, or paved path extends onto a neighboring property. Temporary encroachments, such as sheds, play equipment, or vehicles parked on another person’s land, may also lead to conflicts.
How Are Property Encroachments Discovered?
Encroachments are often discovered through land surveys, which are the most reliable way to confirm property boundaries. A professional surveyor can identify any discrepancies and provide legal documentation. Title searches may also reveal inconsistencies in legal property records. In some cases, encroachments come to light when neighbors raise concerns about perceived boundary violations. Property sales and refinancing processes also often require updated land surveys, which may uncover encroachments that were previously unnoticed.
Legal Implications of Encroachments
Encroachments can create legal and financial challenges for property owners. If an encroachment is left unresolved, it may lower the property’s value, especially if it restricts land use. Title issues can arise, complicating real estate transactions and making it difficult to secure financing. In some cases, a long-standing encroachment may lead to adverse possession claims, where the encroaching party could gain legal ownership of the disputed land. If disputes escalate, legal action may be necessary, leading to high costs and potential court-ordered removals.
How to Handle a Property Encroachment
The first step in resolving an encroachment is open communication with the neighbor. Many encroachments occur unintentionally, and a mutual agreement can often lead to a straightforward resolution. Conducting a land survey is crucial in confirming property boundaries and providing legal proof if needed. If both parties agree, a legal easement agreement can be created to allow the encroachment to remain under specific terms. In cases where the encroachment significantly impacts property use, the affected owner may request its removal. If informal discussions do not resolve the issue, mediation can be a helpful alternative before taking legal action. However, if mediation fails, filing a legal complaint may be necessary to enforce property rights.
Preventing Future Encroachments
To avoid encroachment disputes, property owners should obtain a land survey before making any modifications or additions to their property. Clearly marking property lines with fences, hedges, or signage can help prevent misunderstandings. Consulting a real estate lawyer before purchasing property near disputed boundaries can also be beneficial. Ensuring compliance with local zoning and building codes further reduces the risk of encroachment-related legal challenges.
Final Thoughts
Property encroachments can create legal, financial, and neighborly conflicts if not properly addressed. Understanding property boundaries, seeking professional guidance, and resolving disputes early can help protect property value and ownership rights. Whether dealing with minor or complex encroachments, knowing your legal options ensures a smooth resolution.
