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Letter Encroachment Property With Easement

State:
Multi-State
Control #:
US-03188BG
Format:
Word; 
Rich Text
Instant download

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

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FAQ

Formal letter template I am writing regarding the [fence/hedge/other encroachment] which as you will see from the attached survey/plat map is actually on my land. This letter is formal notice that I require you to remove the encroaching [fence/hedge/other encroachment] from my land within the next 30 days.

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.

It should have four parts: (1) an introduction, (2) a description of your attempts at informally resolving the problem, (3) a clear argument for your case, and (4) a description of the remedies you are seeking.

Here are some encroachment examples to watch out for: Your neighbor builds a fence, and it extends onto your land. A structural addition to your neighbor's home extends beyond the legal property boundaries. An overgrown garden or hedge crosses onto your land.

Locational: disputes that center on where a boundary should be. Example: post-World War I boundary between Germany and Poland was set by treaty but the Germans disputed the location.

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Letter Encroachment Property With Easement