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An encroachment agreement is a legally binding real estate document signed by neighboring property owners when a property encroachment is found to exist. An encroachment agreement acknowledges and describes the encroachment, identifies the owner of the encroachment, and states the agreed-upon resolution.
Most mortgage lenders require a land survey as part of the approval process to ensure the loan matches the property value. Encroachment happens when someone traverses boundaries outlined in a survey, violating the property rights of another property owner.
A: Encroachment Agreements and Party Wall Agreements are types of written documents entered into between owners of neighboring properties. They are usually entered into in response to a land survey indicating that a wall or other improvement crosses the boundary line between two properties.
Take Your Neighbor To Court The court could decide that it constitutes a prescriptive easement, which then needs to be recorded. If the court rules that your neighbor is unlawfully trespassing on your land, the court will order your neighbor to remove the offending feature.
These encroachments cause impacts to the functions and values of those natural areas, such as a decline in water quality, loss of habitat (both aquatic and terrestrial), disruption of equilibrium (or naturally stable) conditions, loss of flood attenuation, or reduction of ecological processes.