When you purchase a property, you are entitled to enjoy both the inside of the building and the land around it. These are your spaces, and nobody should interfere with them.
In theory, this is how it should work. However, in practice, it often doesn’t go that way. Boundary disputes are one of the most common types of disputes in real estate. How do they occur?
Adverse possession
In some cases, a piece of land may lie dormant. When this happens, another individual may think that they are entitled to use that land. If you purchase a piece of property or land only to find someone camped out there, this can be very stressful as that person may claim to be the owner of the land via adverse possession.
When someone lays a claim to land based on continuous use without objection, this is referred to as adverse possession. This law may allow a neighbor, stranger, or even a trespasser to gain letal title over your land. It can be a complex issue to resolve, but as the land owner, there are legal pathways you can take, which is why you should contact counsel immediately if someone is making a claim to your land that you are the rightful owner to.
Easements
Easements often involve an individual’s legal right to use (or go on to) a piece of land or property that is owned by someone else. For example, there may be a shared road into a housing estate that people have access to. Easements for utilities are another common form of easement that you may see in everyday life without knowing they are actually an easement. Nonetheless, the law in this area is not always clear, and just because someone claims they have an easement to use a road on your property doesn’t mean that they do. if you are being confronted with someone claiming to have an easement on your property, you should contact Corey Szalai Law, PLLC to day as we have experience in helping people defend against easement claims.
Encroachment
Encroachment typically occurs when someone erects a structure on your land that you did not approve nor authorize. For example, someone may put up a garden fence that crosses into your property and spoils your view and reduces your garden space. In some cases, the encroachment can involve a more permanent structure, such as a garden shed or workshop. There may be implications if you try to remedy the situation by yourself by destroying or unilaterally removing the encroachment, so it is always best to consult legal counsel first to ensure you are your property are protected.
If someone is using your land without permission or has encroached on your property, there are legal options. Contact Corey Szalai Law, PLLC to find out more about how to resolve boundary disputes and/or to remove these unwanted encroachmetns.