South Carolina Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property

State:
Multi-State
Control #:
US-03188BG
Format:
Word; 
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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
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FAQ

Encroachment in real estate is defined as one property owner violating their neighbor's rights by building or extending some feature and crossing onto their neighbor's property lines.

For example, suppose Company A needs access to Company B's land to work on it. In that case, they can create an easement encroachment agreement with Company B, giving them permission and right-of-way over the other company's land.

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.

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South Carolina Complaint for Encroachment - Projecting Windows Overhanging Plaintiff's Property