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Remedies for EncroachmentTalk to your neighbor about the issue.Hire a surveyor if you don't have a survey on hand.Ask your neighbor to purchase the land from you.If you're still not getting anywhere, have an attorney send a property encroachment letter.More items...?
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.
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.
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.
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.
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...?
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.
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
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.
How to Deal with Land Encroachment Legally?Permanent or Temporary Injunction. Injunction against Illegal Land Encroachment.Ex-parte Injunction. The justice system in India allows both parties equal opportunity to be heard and put their point across.Claim Damages.