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There is a term for this battle of land: encroachment. An encroachment happens when a fence or another piece of your neighbor's property crosses the property lines. Other examples of encroachments could involve trees, parts of a building, fencing or any other fixtures located on both pieces of property.
Primary tabs. An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.
How to Deal with Land Encroachment Legally?Permanent or Temporary Injunction. Injunction against Illegal Land Encroachment.Ex-parte Injunction. The justice system in India allows both parties equal opportunity to be heard and put their point across.Claim Damages.
In simple terms, the law means that if a neighbour of yours moves their fence by a few metres one year, and you do not complain or even mention it for a certain period of time, they could then legally claim to be the owners and occupiers of the land.
My neighbour has taken part of my garden. What can I do?Step 1 Talk to your neighbour.Step 2 Talk to a property disputes expert.Step 3 Expert opinion or mediation.Step 4 Think about court proceedings or making a reference to the Land Registry.
Encroachment ExamplesUnlawfully entering, trespassing, or walking through a neighbor's property without first receiving permission.Building a fence that goes past your own property line and into your neighbor's.Possessing a tree or hedge that has branches that cross between property lines.More items...
A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. They can be the cause of heated debate and trigger arguments between neighbours, sometimes over just a few inches of ground.
What Can I Do About An Encroachment?Talk To Your Neighbor. Your neighbor may be willing to move whatever is on your property over to theirs if it's easily moveable, like a garden.Sell The Land To Your Neighbor.Go To Court.
Without a neighbour's agreement, there is no right to build a wall over the boundary line.
The term encroachment refers to a situation in real estate where a property owner violates the property rights of his neighbor by building on or extending a structure to the neighbor's land or property intentionally or otherwise.