North Carolina Consent To Encroachment - Into Easement
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FAQ
Examples of a major encroachment would be extending a building over property lines or an overhanging tree branch that could potentially cause serious injury.
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.
It takes 20 years of continuous occupation, in North Carolina, for squatters to make an adverse possession claim. Continuous possession means that the squatter cannot give up the use of the property, then return to it later.
Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers' path. Violators may be held liable for damages to the easement holder.
In North Carolina, courts will order the encroaching landowner to remove the encroachment regardless of his intent. Therefore, the encroaching landowner must meet the neighbor's demands for waiving a mandatory injunction to compel removal or prepare to move the encroaching portion of the structure.
In North Carolina, courts will order the encroaching landowner to remove the encroachment regardless of his intent. Therefore, the encroaching landowner must meet the neighbor's demands for waiving a mandatory injunction to compel removal or prepare to move the encroaching portion of the structure.
