What to know about encroachments

| Jul 14, 2020 | Real Estate |

Encroachments occur when a neighbor builds something that crosses over into your property. An encroachment could also occur if a tree or plant grows into your yard. When buying a home in Georgia, it is important to look for encroachments as they can cause problems in the future.

Why it’s important to deal with encroachments

If someone gets hurt while in a structure that is on your property, you could be liable for any damages the victim incurs. This is generally true even if you didn’t build it or don’t use it. Encroachments can also make it harder to sell the home as a future buyer may object to a shed, large tree or other object on his or her land. Additionally, the presence of an encroachment could lead to higher homeowners insurance or title insurance premiums.

How to deal with an encroachment

There are a couple of ways that you can resolve an encroachment issue in an amicable fashion. First, it may be worthwhile to talk to your neighbor about moving a garden, trimming a tree or taking other steps to respect your property line. If that doesn’t work, you can ask your neighbor to buy the land that he or she is using.

It is important to consult with your lender and an attorney prior to completing the transaction. You have the right to take your neighbor to court in an effort to obtain a favorable solution to an encroachment dispute.

Your neighbor might have an easement

An easement allows your neighbor to use a portion of your land for a specific reason. For instance, your neighbor may be allowed to use a road that cuts through your property to get to his or her house.

If you have questions about encroachments or other real estate issues, an attorney may be able to help answer them. Legal professionals may also represent you in court if a dispute with a neighbor cannot be settled with a private conversation.

FindLaw Network