Encroachment: What You Should Know
Encroachment is a term that refers to when someone unlawfully enters a property without the owner's permission or consent. Learn more about what it is and how to protect yourself from an encroachment issue.
What Is Encroachment?
Encroachment is the act of a person or entity that unlawfully intrudes or encroaches on the rights of another person or entity. In legal terms, encroachment is when a person or group unlawfully intrudes, or extends their presence, into the property of another without permission or legal right to do so.
Types of Encroachment
Encroachment may come in various forms. One common form of encroachment occurs when a person or group trespasses onto another person's property and takes things without permission. This type of encroachment is sometimes referred to as trespass. Other types of encroachment include building improvements or additions to property that extend beyond the boundaries of the property owner's land, or taking over parts of public land for private use.
Legal Implications of Encroachment
Encroachment can be a difficult issue to resolve, especially if the encroaching party is unwilling or unable to resolve the matter, or if the encroached party is unaware that their rights have been infringed upon. In cases of encroachment, legal repercussions may include a variety of remedies, such as a restraining order, damages for losses incurred, an injunction, or even criminal charges.
How To Avoid Encroachment
In order to prevent encroachment, it is important to be aware of your rights and act to protect them. If you believe you are the victim of an encroachment, or if you are uncertain if something is an encroachment, it is important to consult a lawyer and take legal action immediately. Additionally, never assume that someone else's land is yours, and always be aware of property lines and boundary rights. Finally, consider obtaining legal advice on any agreements before entering into them.
The Bottom Line
Encroachment is a serious matter, and can have legal ramifications. Knowing the legal ramifications of encroachment, as well as your rights as a property owner, can help protect you from being the victim of an encroachment.