Connecticut Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

State:
Multi-State
Control #:
US-03188BG
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Word; 
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Description

An encroachment is the situation that exists when a structure is built in whole or in part on a neighbor's property. Boundaries are frequently marked by partition fences, ditches, hedges, trees, etc. Disputes arising from a confusion of boundaries may be generally settled by an action at law. However, courts of equity will entertain a bill for the settlement of boundaries when the rights of one of the parties may be established upon equitable grounds.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
  • Preview Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property
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FAQ

In Connecticut, to acquire title to land by adverse possession a claimant must oust an owner of possession and keep such owner out without interruption for 15 years by an open visible and exclusive possession under a claim of right with the intent to use the property as his own without the consent of the owner.

The person claiming adverse possession must show that their use of the land has been open, notorious, continuous, exclusive, adverse, and under a claim of right for a minimum of 15 years.

For example, a homeowner may build a fence separating their yard without realizing they've crossed over and encroached on their neighbor's property line. In either case, the adverse possessor?also referred to as the disseisor?can lay claim to that property.

Encroachment in real estate is defined as one property owner violating their neighbor's rights by building or extending some feature and crossing onto their neighbor's property lines.

In the State of California, a squatter must occupy your property for a period of 5 years put forward any adverse possession claims. This is the shortest period of any state.

Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.

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Connecticut Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property