Dealing with encroachments on property

| Jun 5, 2020 | Real Estate |

In Georgia, some homeowners have to deal with encroachments on their property. Encroachments occur when a structure is built that crosses onto the property of someone else. When a neighbor builds a structure that extends into the another person’s property, the property owner can handle it in a few different ways.

In many cases, people are simply uncertain where the borders to their property are and might mistakenly build a shed or other structure that crosses the boundary. Property owners can choose to ignore the encroachment to try to keep the peace. However, if they want to sell their homes in the future, they will have to disclose the encroachments so that potential buyers can take them into account when they make buying decisions.

Most encroachment issues can be solved by talking to neighbors who have built structures that encroach on the property of others. The neighbors might move the structures so that they do not extend across the property line. If moving a structure is not possible, the property owner might try to negotiate with the neighbor to sell the encroached-upon portion of the property. If a neighbor refuses to pay for the encroachment or to move the structure, the property owner can file a legal action in court.

People who believe that a neighbor has encroached on their property might want to get a survey to establish where their boundaries are located to learn whether an encroachment has occurred. If their neighbor refuses to do anything about the encroachment, the property owners might want to talk to an experienced real estate law attorney. An attorney may negotiate with his or her client’s neighbor to try to arrive at an agreeable solution. If the neighbor will not negotiate, the attorney may file a lawsuit on behalf of his or her client.

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