Encroachment is becoming an increasingly pertinent in the real estate industry. The unauthorised occupation of property can pose several problems for the stakeholders on either side, and also on potential buyers of the property. In this article, we delve deeper into the seriousness of the issue of property encroachment and understand the problems caused by it.
Defining encroachment
Property encroachment refers to the act of occupying and using someone else’s property space without permission or any legal rights to do so either intentionally or unintentionally. This might include structural encroachments such as occupation of spaces that cross one’s own property and fall under the premises of someone else’s property.
Most common examples of property encroachment include using unauthorised parking space or planting trees beyond your designated property boundaries. Property encroachment is a serious issue that can cause conflicts among neighbours and might require legal intervention if the matter escalates. Encroachment can be of the following types:
Structural encroachment
This type of encroachment deals with problems related to unauthorised occupation of physical structures and spaces. Using the outdoor building space (such as driveways), boundary walls and other spaces falling under your neighbour’s property would be classified as encroachment.
Overhanging branches from vegetation
If parts of your trees overhang and enter the neighbouring property, you can be penalised for encroachment. Overhanging branches might restrict the owner of the encroached property from using the property to its fullest extent by blocking sunlight and causing damage to the walls.
Parking encroachment
We have often encountered other vehicles parked in our designated parking spots. Using someone else’s driveway or allotted parking space without permission to park your vehicles can be counted as encroachment.
Easement encroachment
In many cases, people have the legal right to use some spaces of a property belonging to someone else for specific purposes. This is known as easement. However, if the use exceeds what is legally permitted under the easement, it can turn into a case of encroachment.
Boundary line encroachment
At times, the boundary walls or fences of a house can exceed the actual boundary of the property into someone else’s space. Such construction defects and misalignments also fall under encroachment.
Encroachment of common areas
Most housing societies have common areas designed for shared usage of the residents. The encroachment of these areas occur when some residents occupy it for personal uses, restricting the right of other residents to access the space.
What problems can property encroachment cause?
Property encroachment is a serious issue that can result in several problems. Here are some of them:
Disputes
Encroachment can lead to boundary disputes which, if not resolved amicably, might result in legal action against the encroacher. On the one hand, this causes strained relations between neighbours, the litigation process is a tedious one and more often than not, really expensive as well.
Loss of property rights and issues regarding access
Encroachment often interferes with the actual property owner’s right to use the space in the way they want to by blocking certain spaces and facilities. It can also restrict access to some areas of the property, which in the long run can cause difficulties with maintenance.
Repair costs and future development
The property owner is liable to bear any additional costs for the repair of the encroaching features on their property. This is just an additional burden they need to carry without yielding any benefits from the encroached facilities. Moreover, encroachment might also adversely affect the owners rightful plans of further development of the property by blocking access to certain areas.
Environmental considerations
A lot of times, encroachment might give rise to problems that have environmental repercussions. There have been instances of cutting trees by violating environmental laws in order to get rid of the problem of encroachment.
How to resolve encroachment issues?
Encroachment issues can be resolved in several ways. While the option legal remedy for encroachment is readily available, it is best to try and resolve the issue with your neighbour amicably. If you suspect that your property is being encroached, verify the information before confronting.
You can raise the issue with your neighbour and talk it out peacefully to resolve any misunderstandings. You can also consider the option of selling an easement to grant the legal right to your neighbour for using your property. This is beneficial for the property owner and also reduces the scope for misunderstandings since the mutually agreed upon terms are specified on a legal document.
If nothing else works, you can file a lawsuit against the encroacher. This can be a lengthy and expensive process, but your problem will be resolved if the encroacher is actually proved to be guilty.
See also: Legal procedure for land encroachment All you Need to Know
FAQs
What is encroachment of property?
Encroachment refers to the unauthorised or illegal occupation and use of someone’s property.
How do I know if my property is being encroached upon?
You will have to verify the boundaries of your property area to know if your property is being encroached upon.
What all falls under encroachment?
Physical structures, parking space, easement, boundary walls and common areas are all liable to be encroached.
Why is encroachment a serious problem?
Encroachment of property can result in several problems for the property owner such as disputes between neighbours, loss of property rights, increased maintenance costs and environmental damage.
Am I eligible to take action against unauthorised parking in my spot?
Yes, unauthorised parking in an assigned spot can be acted upon as it falls under encroachment.
What is an easement?
Legally allowing the use of some parts of your property for specific purposes, often in exchange of money, is known as easement.
What to do if my property is encroached upon?
If your property has been encroached upon, you can try settling it amicably by confronting your neighbour, selling an easement or going for legal action.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at [email protected] |
Riddhi Chatterji is currently pursuing a master’s degree in English literature from University of Delhi. Her meticulous attention to detail and the desire to make a learning experience out of every opportunity has allowed her to work with different forms of textual content for digital platforms, ranging from social media to news desks. When not working or studying , you can find her with her head buried in a book, discovering new music and movies, or out and about exploring the city on the metro.
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