Delaware Consent To Encroachment - Into Easement
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FAQ
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.
Below are three steps you can pursue when dealing with an encroachment issue. Talk With Your Neighbor. Sell Your Land, Or An Easement On Your Land, To Your Neighbor. Take Your Neighbor To Court.
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.
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.
The key differences between an encroachment and an easement are based on mutual neighborly consent and ownership rights. An encroachment refers to unauthorized use without a mutual agreement, but an easement is when two neighbors mutually enter a legal agreement.
Both involve a property owner making extensions over their neighbor's property. While encroachments are the unauthorized use of the neighbor's property, easements are agreed upon by both parties. In many cases, the party responsible for the easement compensates the other neighbor.
Encroachment happens when someone traverses boundaries outlined in a survey, violating the property rights of another property owner. Encroaching on someone else's property is akin to trespassing?that is, entering another person's grounds without their express permission.
Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.