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How can you resolve an encroachment peacefully?

It is almost inevitable to have neighbors you do not particularly like now and then. However, some California residents run into neighbor problems that can result in years of animosity or, even worse, legal action. An encroachment is one of the most common ways you may have a misunderstanding or disagreement with one of your neighbors. There are numerous ways you can deal with an encroachment issue that can preserve the peace and hopefully avoid going to court.

First, you will want to understand what an encroachment entails. FindLaw describes encroachments as situations in which someone constructs or places a structure or landscaping feature that intrudes, or encroaches, upon someone else’s property. This may be a shed or home addition that partially sits on your property, a wall that crosses the boundary line or anything else meant to be a permanent or long-term addition to your neighbor’s property that is crossing over onto yours.

It is possible your neighbor did not realize he or she was encroaching on your property. You may address an encroachment in numerous ways that can keep the peace, such as giving your neighbor written permission to keep the encroachment or selling that portion of your property to your neighbor. If you decide to sell your home, the encroachment will need to be addressed, even if you and your neighbor are on good terms about it. You may also resort to legal action if you and your neighbor are unable to come to an agreement.

Real estate boundary issues often require experienced legal counsel. This information, therefore, should not replace the advice of a lawyer.

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Lawrence R. Jensen & Associates
95 S. Market St.
Ste. 550
San Jose, CA 95113

Phone: 408-465-0293
Fax: 408-899-2403
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