Encroachment issues, and how to resolve them

When neighbors share bordering lines of property, encroachment is possible. In fact, encroachments come in a few different forms.

Whether looking to purchase or sell real estate, an encroachment can cause issues. Thankfully, you may pursue a few possible options to resolve this problem. 

Go to court

A court determination can provide a legal order to rectify your encroachment issue. To make sure the court litigation is in your favor, it is critical for you to build a strong case to show your ownership of the property in question. Knowing real estate laws can be quite beneficial to this task. It would be best to have your deed and the legal description of the property.


If you get along with your neighbor, negotiation may be an effective choice in resolving your encroachment issue. This approach could take less time, money and altogether effort on the part of both parties. It is important to note that negotiation may take some give and take from both sides. For example, parties may decide to orchestrate a sale to resolve a permanent encroachment. 


If you look to sell your property, then selling your neighbor the land upon which the encroachment sits may be most beneficial for both parties. The sale of the land allows you to remove the encroachment from your land and receive compensation for it, while also allowing your neighbor to gain more property and continue to enjoy the benefits of the encroachment. 

Whether you choose to utilize one or a few of these resolution options, it can help to enter the situation with a strategy. Take some time to weigh your options and their outcomes to determine the best course of action in your situation. You should also get any agreement, negotiation or sell in writing.