Unwelcome Guests—How to Avoid Encroachment in Your Home

If you’re a homeowner, the last thing you want to deal with is unwelcome guests. But, unfortunately, that’s exactly what can happen when your neighbor starts encroaching on your property—a situation known as encroachment. Whether it’s their tree branches overhanging onto your lawn or they’ve built an illegal fence or structure, it’s essential to act quickly if someone is infringing on your home without permission. In this blog post we’ll cover what exactly encroachment is, common examples of encroachments and some strategies for avoiding an unpleasant situation before it becomes a legal issue.

Understand your legal rights

As a property owner, it’s important to understand and exercise your legal rights. One of the most significant rights you have is the ability to remove any encroachments on your property. Encroachments refer to anything that extends beyond the boundaries of your property line, such as a fence or a tree. While it’s always better to try and resolve any disputes with your neighbors peacefully, it’s comforting to know that you have the law on your side should the need arise. Understanding your legal rights can give you the confidence to protect your property and ultimately preserve your peace of mind.

Survey your land if necessary

As a proud property owner, it’s important to know exactly where your land begins and ends. You don’t want any confusion or disputes with your neighbors over property lines. That’s where a land survey comes in handy. By surveying your property, you can determine the exact boundaries of your land and mitigate any potential conflicts. Not only that, but a land survey can also help you plan additions or renovations to your home or landscaping with confidence.

Be proactive in setting boundaries

As a homeowner, it’s important to not only take pride in your property, but to also set clear boundaries. Whether it’s to keep out uninvited guests or to prevent animals from damaging your garden, it’s always a good idea to mark off “no-trespass” areas on your property. One effective way to do this is by installing fencing or posts. Not only does this add a physical barrier, but it also serves as a visual cue to others that this area is off limits.

Communicate with neighbors

Having good communication with your neighbors is important, especially when it comes to potential property disputes. If you feel there may be an issue of encroachment, the best course of action is to approach your neighbor calmly and respectfully. Avoid making accusations or becoming confrontational. Instead, express your concerns and willingness to work together towards a mutually beneficial solution. Showing a willingness to work together can often lead to a positive outcome for both parties involved.

File a lawsuit if necessary

Living in a community is supposed to be enjoyable, but when neighbors fail to follow regulations, it can cause disagreement. When noncompliance is occasional, talking it out may be enough. But when it becomes persistent, filing a lawsuit might be the best option. You have the right to enjoy your property without being disturbed. Repeated encroachment or stonewalling from neighbors is unacceptable, and legal action may be necessary to put an end to it.

Take preventative measures

Keeping your property safe and secure is a top priority for many homeowners. Fortunately, there are plenty of preventative measures you can take to deter unwelcome visitors from coming onto your property. Installing motion-activated lights and other alarm systems are just a few examples of effective ways to keep your home safe. Not only do these measures help to discourage potential intruders, but they can also provide you with peace of mind knowing that your home is protected. 

Encroachments on your property can be a source of stress and conflict, but the good news is that you have legal rights that allow you to defend your boundaries. By educating yourself on the subject of encroachments and taking the necessary steps for protection, you can enjoy peace of mind knowing that unwanted visitors will not be crossing your property lines.