Alabama Agreement between Adjoining Landowners Regarding Construction along Common Boundary and Fixing Liability for Damage
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FAQ
The right of a landowner to have his buildings supported by his neighbour's house or other structure.
Put up 'Private Property' or 'No Trespassing' signs that state trespassers will be prosecuted to deter entry. Build a fence or a wall, being sure to keep to your own property's boundary and seeking planning permission if necessary. If the trespassing persists, seek legal advice.
If you believe that your neighbour is encroaching on your land without your permission, whether through the planting and growth of a new plant or the erection of a fence or other property boundary feature, then you can seek legal advice and have a boundary dispute solicitor ascertain on who's property the land falls on
Answers (3) First of all you should have issued him with a legal notice instructing him to restrain from raising any structure in the common area as he has no rights to utilise the common area meant in common for all and such an action is illegal by law as well as against natural justice.
Building construction can occur during the hours of AM to PM, seven days a week, including holidays. Any work done before or after these hours must not exceed the noise level of five decibels at the nearest lot line unless a special permit has been granted to allow this.
Most state and city laws specify that residents have a right to quiet enjoyment of their home, which includes limits on excessive noise from nearby properties under construction.
If you're looking to get an encroachment handled when buying or selling a property, there are a few solutions you can try.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.
In terms of the South African common law, a landowner affected by an encroaching structure erected by his neighbour can approach a court and seek an order for removal of the encroachment. The basis for the common law remedy of removal is the right to be free from any inference in the use and enjoyment of your property.
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.
Permitted Construction/Demolition Hours are as follows: Monday through Friday A.M. - P.M. Saturday or National Holidays A.M. - P.M.
