Alameda California Affidavit by Owner of Driveway Encroaching on Neighbor's Property

State:
Multi-State
County:
Alameda
Control #:
US-01101BG
Format:
Word; 
Rich Text
Instant download

Description

Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, and uninterrupted. In this form, a neighbor is recognizing by affidavit that his driveway encroaches on his neighbor's property and that he (the affiant) has and makes no claim to the property of his neighbor on which the driveway encroaches.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

What should they consult to determine if the shed is an encroachment? DEED, HOA covenant, SURVEY or MORTGAGE? The survey will show exact property lines, and Brent and Kathy will be able to use that to determine if the shed is encroaching on their lot. A mortgage is a voluntary lien.

It refers to a situation that needs to be negotiated, authorized, or taken to court. Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.

What Is Encroachment? Your neighbor builds a fence, and it extends onto your land. A structural addition to their home extends beyond the legal property boundaries. An overgrown garden or hedge crosses onto your land.

Solutions to encroachment: Legal approach: One can always take the legal route to get an injunction order or eviction notice from the court to do away with the illicit possession of your property.Out of court settlement: Legal assistance is not only expensive but also time taking.

Adverse Possession Requires Open and Notorious Possession Examples would be a neighbor who puts a fence up slightly on the next-door property or who pours a concrete driveway two feet over the boundary line. Also see What "Open and Notorious" Use of Property Means for an Adverse Possession Claim.

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.

To acquire title by adverse possession the applicant must: Firstly establish the nature of the interest claimed in the property and. Secondly show how that interest devolved to the applicant. Specific persons must dispossess the original owner and. Those specific persons must enter into possession.

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.

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Alameda California Affidavit by Owner of Driveway Encroaching on Neighbor's Property