What Does Encroachment Mean In Real Estate?

By Investoxpert | 20 Jan 2024 | Real Estate

What Does Encroachment Mean In Real Estate?

Encroachment is becoming a more significant concern in the real estate industry. Numerous problems might arise from occupancy on land without authorization. for both the parties involved and any prospective purchasers. In this piece, we examine the gravity of the property invasion problem and comprehend the issues it raises.

What Is The Meaning Of Encroachment?

The act of occupying and utilizing another person's property without that person's consent or authorization—whether on purpose or accidentally—is referred to as property intrusion. This might involve structural encroachments, such as occupying areas that straddle one's own land and end beneath another person's building.

Read Also: Top 10 Best Luxury Apartments in Bangalore
Read Also : Top 10 Best Luxury Apartments in Chennai

Read Also : Top 10 Best Luxury Apartments in Goa

Planting trees outside of your specified property lines or employing unapproved parking spaces are two of the most prevalent instances of property infringement. Property encroachment is a major problem that can lead to disputes between neighbors and, if things get out of hand, may need legal action .

What Are The Categories Of Encroachment In Real Estate?

The following categories of encroachment exist:

Structural Intrusion

This kind of encroachment addresses issues pertaining to the unauthorized use of real estate, including buildings and spaces. It would be considered encroachment to use roads, boundary walls, and other outdoor building sites that are beneath your neighbor's land.

Branches of Plants that are hanging over

Parts of your trees may be considered encroachment if they overhang and intrude into the next property. Because they obstruct sunlight and erode the walls, overhanging branches may prevent the owner of the encroached property from making the most use of their land.

Parking violation

We frequently come across other cars parked in the spaces that are assigned to us. Parking your cars in someone else's driveway or designated spot without their consent may be considered encroachment.

Read Also: Top 10 Best Residential Projects In Faridabad
Read Also: Top 10 Best Residential Projects in Navi Mumbai

Encroachment of easements

People frequently have the legal authority to utilize certain areas of another person's property for particular uses. We call this easement. It may, however, become an incursion if the usage beyond what is allowed under the easement.

Intrusion of boundary lines

Sometimes a house's perimeter walls or fences extend beyond the property's true boundaries and into another person's area. These sorts of construction defects and alignment mistakes are also regarded as invasion.

Overflowing of public spaces

The majority of housing societies contain communal spaces intended for the use of all members. These spaces get encroached upon when certain individuals utilize them for personal purposes, limiting the ability of other inhabitants to use them.

What Are The Problems That Property Encroachment Causes?

Invasion of property is a serious worry that might result in several problems. Below are a handful of them:

Read Also : Top 10 Best Luxury Apartments in Bhopal
Read Also : Top 10 Best Affordable Housing Projects in Noida

Read Also : Top 10 Best Affordable Housing Project in Delhi
Read Also : Top 10 Best Affordable Housing Projects in Gurgaon

Conflicts

If encroachment-related boundary disputes cannot be resolved amicably, legal action against the intruder may result. One the one hand, this strains relations between neighbors, and on the other, the legal process may be quite costly and time-consuming.

Loss Of Property Rights And Access Concerns

The right of the real property owner to use the area as they see fit is frequently violated by encroachment, which blocks off certain areas and amenities. Additionally, it may limit access to specific parts of the property, which may eventually make upkeep more difficult.

Read Also : Top 10 Best Affordable Housing Projects in Faridabad

Future Development And Repair Expenses

Any additional expenses for the repair of the encroaching features on their land are the responsibility of the property owner or the RWA . They receive no advantages from the encroached facilities; this is simply one more weight they must bear. Furthermore, because encroachment may obstruct access to specific regions, it may also negatively impact the owners' legitimate intentions for additional property development.

Environmental Factors

Encroachment frequently results in issues that have an impact on the environment. There have been cases of illegal tree-cutting to remove encroachment in order to comply with environmental regulations.

How To Resolve Encroachment Issues?

There are several methods for resolving encroachment problems. Even if there is a simple legal remedy for invasion, it is preferable to attempt to work things out with your neighbor peacefully. Before approaching someone you think is encroaching on your property, make sure the information is accurate.

To clear up any misunderstandings, bring up the matter with your neighbor and have a calm conversation. Selling an easement to provide your neighbor the legal permission to use your land is another option to think about. Because the parameters that have been mutually agreed upon are spelled out in a formal document, this is advantageous to the property owner and also lessens the possibility of misunderstandings.

Should everything else fail, you have the option to sue the infringer. This can be a drawn-out and costly procedure, but if the encroacher is found to be at fault, your issue will be over.

Conclusion

Although nobody like a fight with their neighbors, it may happen. Both deliberate and inadvertent incursions occur, therefore it's critical to address the problem as soon as you become aware of it.

Ignoring the problem might lead to the encroachment becoming a prescriptive easement, in which case there would be nothing more you could do.

What Does Encroachment Mean In Real Estate?