A encroachment occurs when a portion of adjoining real property owned by Owner A hangs over the property line of Owner B's premises or physically intrudes onto Owner B's premises. The actual structure that encroaches might be a tree, bush, fence, a building, or other fixture. In this agreement, Owner B agrees to allow such an encroachment. However, this consent of Owner B shall remain in force and effect only so long as the encroaching material shall remain; on their removal or destruction, this consent shall terminate.
Encroachment Agreement Form
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Multi-State
Control #:
US-01138BG
Format:
Word;
Rich Text
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How to fill out Agreement Between Adjoining Landowners Regarding Encroachment Of Trees Or Bushes?
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FAQ
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.
An encroachment agreement is a written confirmation between the City and an owner of a property which allows a structure that extends onto City or public property to remain in place. There is a cost associated with this type of agreement.
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.
The penalty for encroachment is provided under Section 447 of the IPC and it includes imprisonment of up to three months and/or fine of up to Rs 550. If you want to deal with encroachment in a legal way, you should approach the court as per Order 39 (rules 1, 2 and 3) for an order of injunction and 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.