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Trespass means entering someone else's property without permission or legal right. This can include physical entries like walking on the property or setting up structures. Knowing the legal definitions, such as those outlined in a Montana Boundary Line Agreement regarding Encroachment of Fence, Driveway, or Structure, can be crucial in resolving disputes.
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.
Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property.
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.
Check Rules and Regulations Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!
There are a number of steps to be taken when attempting to resolve a boundary dispute. It's important to avoid rushing into legal proceedings. You should always attempt to address any disagreement amicably and be sure to give your neighbour adequate time to address any concerns you bring forward (and vice versa).
Encroachment ExamplesUnlawfully entering, trespassing, or walking through a neighbor's property without first receiving permission.Building a fence that goes past your own property line and into your neighbor's.Possessing a tree or hedge that has branches that cross between property lines.More items...
There is a term for this battle of land: encroachment. An encroachment happens when a fence or another piece of your neighbor's property crosses the property lines. Other examples of encroachments could involve trees, parts of a building, fencing or any other fixtures located on both pieces of property.
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.
Write the LetterDescribe the violation.Explain that you are giving the neighbor notice that she needs to remove the encroaching structure.If relevant, mention other solutions such as selling the land or giving the neighbor permission to use the encroached-upon area.More items...?