Encroachment involves situations in which one person builds a structure that encroaches on the land or property of another person. A common example involves someone building a driveway over part of someone else’s land.
It is important to understand how to handle a driveway encroachment if it happens to you. Knowing the right way to tackle it could potentially save you time and money dealing with the issue.
Hiring a surveyor
SFGate, a Bay Area local news source, discusses driveway encroachments. First, they suggest hiring a surveyor. This person can check the land boundaries of both you and the neighbor encroaching. Having this information can help you feel more certain about your rights and what action to take.
If you determine that the encroachment is on the boundary of your property after the survey, one possible solution may be to negotiate an easement with your neighbor. You both could potentially work out an agreement whereby you exchange your land for a price. You could also consider a lease agreement.
Resolution through mediation
If the above options are not feasible, and you and your neighbor are at an impasse as to a solution, you may want to consider seeking legal help who can discuss alternative dispute resolution options, like mediation.
Mediation is way individuals can resolve disputes without going to court. A neutral mediator helps both parties comes to a solution. It often saves time and money for those involved and preserves privacy rights. Mediation can also go a long way in preserving neighborly ties, particularly if you plan to continue to live at the premises for an indefinite time period.
Last Resort – Litigation
If mediation fails or your neighbor refuses to participate in mediation, your attorney may guide you through the process of filing a lawsuit to resolve the situation.